2. In light of the following circumstances: (a) although the Defendant was under the period of suspension of the execution for the same kind of crime, the Defendant committed the instant crime; (b) however, the Defendant discovered that the Defendant left the vehicle by leaving the vehicle, committed the instant crime contingently; and (c) immediately returned the damaged goods to the victim who has driven away; and (d) taking into account the motive and circumstances leading up to the instant crime; (b) the circumstances after the instant crime was committed; (c) the Defendant’s age, character and conduct, and environment, the sentencing of the lower court is deemed appropriate.

3. In conclusion, the prosecutor's appeal 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.