2. Considering the fact that the Defendant could have been punished for the same kind of crime, including two times of probation, and that the Defendant again committed the instant crime without being among the persons during the period of probation, it is also necessary to punish the Defendant significantly.

However, in light of the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is deemed appropriate, and thus, it is difficult to view that the damage caused by the crime of this case is relatively serious, and the sentence of imprisonment to the defendant would be too harsh compared to the degree of the crime of this case to invalidate the previous suspension of execution.

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