All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant not guilty of attempted larceny on the ground that there was no commencement of the commission of larceny, since the defendant invaded upon the victim's residence for the purpose of theft and stolen objects stayed in the victim's house for at least 20 minutes, and thus, it could be recognized that the commission of larceny was attempted. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment of the defendant (unfair punishment) sentenced by the court below against the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On June 2, 2013, the summary of this part of the facts charged (the attempted larceny) by the prosecutor’s assertion of mistake of facts was discovered by the victim during the search of stolen objects from the victim H’s house room and the inside room of the second floor of the building in Nam-gu Incheon Metropolitan City on June 12:40, 2013, and was committed to attempted crimes by escaping through the front door through the front door. (2) The records acknowledged as follows. In other words, the victim did not listen to the sound of clothes or bloths inside the inside the boundary of the instant case, and the Defendant did not take back or stolen goods, the sole statement of the court below and the evidence submitted by the prosecutor alone are insufficient to acknowledge that the Defendant had engaged in the physical color of the goods to be stolen in the ward and inside the said room and inside the boundary of the public prosecutor, and there is no other evidence to prove this part of the facts charged.

Therefore, the prosecutor's above assertion is without merit.

B. As to the Defendant’s assertion of unreasonable sentencing, the Defendant has been sentenced to imprisonment twice by committing the instant crime, such as theft, robbery, and rape, by infringing on the Defendant’s residence, and committed the instant crime again during the period of the repeated offense. The Defendant’s age, character and conduct, environment, relationship with the victim, and the instant crime.