2. However, even though the defendant was under the period of suspended execution due to the same crime, the nature of the crime in this case is not good and the defendant did not agree with the victim. However, the defendant stated that the defendant was at the right time to take the tobacco of the defendant as a result of an article not temporarily used by his employees, and the amount of damage is not significant, and there is no record of the crime except for the suspended execution.

In addition, considering other circumstances that form the conditions for sentencing as shown in the records and pleadings of the instant case, such as the Defendant’s age, sex, environment, relationship between family members, attitude of observing protection, motive, means and consequence of the crime, relationship with the victim, and circumstances after the crime, the lower court’s punishment is too uneasible and unfair, so the Prosecutor’s assertion is without merit.

3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.