The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (exemption from punishment) is too unfluent and unfair.

2. Although the Defendant committed the instant crime during the period of repeated crime, even though he had the power to punish two times the suspended sentence of imprisonment at the time of the instant crime, the Defendant committed the instant crime during the period of repeated crime, considering the following factors: (a) there was no previous criminal record; (b) equity in the case where he was adjudicated simultaneously with a special larceny, etc. which became final and conclusive in the judgment of the lower court; and (c) equity in dealing with the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (d) all the sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the instant crime, it cannot be deemed unfair for the

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