2. One week after the defendant was detained on the same kind of crime, and was released after having been sentenced to a suspended sentence of imprisonment, the crime of this case was committed during the period of the suspended sentence that committed the crime on the day following the day on which the above judgment became final and conclusive, or its mistake was recognized and reflected, and the victim returned 1.5 million won to the victim (Evidence No. 16 pages) and agreed to pay 1.5 million won to the victim. The crime of this case was committed by the victim by contingent theft, taking into account all the circumstances, including the circumstance and contents of the crime of this case, and all other circumstances on the sentencing conditions indicated in the records such as the defendant's age, character and conduct, family relation, environment, occupation, etc., the sentence of the judgment of the court below cannot be deemed unfair because it is too uneasible.

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