2. In particular, on August 23, 2012, the fact that the Defendant had already been punished for the same kind of crime, was sentenced to two years of suspension of the execution on the grounds of assault, etc. at the Incheon District Court, which was sentenced to two years of suspension of the execution, and repeated the instant crime during the suspension of the execution period, the method of crime is not appropriate, and the degree of injury is not provided against the Defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) there are some aspects to take into account the background of the instant crime; (c) the victim did not want to punish the Defendant; and (d) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, happiness and family environment; and (e) the circumstances before and after the instant crime, the Defendant’s punishment against the Defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.