2. An unfavorable circumstance is that the defendant committed the instant crime during the period of suspension of execution, such as the fact that he/she committed the instant crime.

However, considering various sentencing conditions, such as the confession and rebuttal of the defendant, the restoration of damage, the victim's failure to punish the defendant, and the fact that the defendant has no criminal record exceeding the suspension of execution, the punishment sentenced by the court below is somewhat lower, but it cannot be said that it is unreasonable to deem that it is too too too unfasible to the extent of reversal.

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