2. The fact that the defendant committed the instant crime even if he/she had a criminal record of the same kind at several times, and that he/she is not agreed with the victim is disadvantageous to the defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., the sentence of the court below is too uneasable and unreasonable, in light of the following factors: (a) the Defendant is against the Defendant; (b) the degree of injury is not relatively heavy; and (c) the Defendant appears to have reached the instant crime by contingently; and (d) the Defendant

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