The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (7 million won in penalty) imposed by the court below is too unfased.

2. In light of the fact that the Defendant had a total of six criminal punishments for the Defendant, most of which were criminal records for larceny, the fact that the Defendant again committed the instant crime during the repeated crime period of larceny, and the fact that the Defendant was prosecuted on August 19, 2017 where the trial was in progress on August 19, 2017 and is currently pending in the first instance trial (Seoul Southern District Court 2017 High Court 4761, Seoul Southern District Court 2017 High Court 4761), the need to sentence the Defendant.

However, considering the fact that the crime of this case was committed not only due to attempted crimes but also the defendant had been detained for more than two months due to the crime of this case, and that the case of larceny at the trial of the court of first instance is against the principle of presumption of innocence in cases where considering the crime of larceny at the trial of the court of first instance as an element of sentencing, there is a risk of double punishment in substance, but also contravenes the principle of presumption of innocence, the sentencing of the court below is excessively weak.

It is not to the extent to be seen.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.