The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment, confiscation) is too unhued and unfair.

2. The instant crime was committed by the Defendant by destroying the entrance and intrusion upon his residence, and thus, constitutes a theft or attempted crime of 4,5640,00 won in total from the Japanese territory of Gwangju metropolitan area over 20 times, and is also an offense such as the number of victims, the amount of damage, and the number of crimes committed.

In addition, the situation after the crime is not good, such as opening bank accounts or cellular phones with stolen resident registration certificates, and damage was not recovered.

In addition, the defendant has been punished three times including imprisonment for the same crime, and after the execution of punishment for the same crime has been completed, he/she again committed the crime of this case within the repeated crime period. This is an unfavorable condition to the defendant.

However, as the decision of unconstitutionality on the legal provision that was originally applied to the defendant was sentenced to the confession of the crime and the mistake is divided, there are circumstances to be favorable consideration for the defendant, such as the changes in the statutory punishment in the original court to the minor legal provision.

In full consideration of various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, background of the instant crime, and circumstances after the instant crime, the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and it cannot be deemed unfair to the extent that it should be reversed.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is groundless.