2. Although the judgment defendant was sentenced to the suspended sentence for the same crime, the fact that the defendant left the crime of this case is disadvantageous to the defendant.

On the other hand, it is difficult to see that the degree of injury of the victim is serious, and the fact that the defendant recognizes and reflects the crime of this case is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.