2. There are several cases where the defendant has been punished for the same crime, and there are unfavorable circumstances such as the defendant's act of violation of the Punishment of Violences, etc. Act (a collective weapon, injury to a group, etc.) and committed the crime of this case without any license. However, the defendant's mistake is divided in depth, and the defendant does not cause a traffic accident as a result of the crime of this case; the defendant's imprisonment is sentenced to imprisonment with prison labor for the defendant, and it seems to be too harsh compared to the degree of the crime of this case to invalidate the previous suspended sentence (3 years of suspended sentence). In addition, considering the motive and background leading up to the crime of this case, circumstances after the crime of this case, and other various kinds of sentencing conditions as shown in the records such as the defendant's age, character and behavior, etc., it is not recognized that the sentencing of the court below is too unreasonable. Thus, the prosecutor's allegation above is without merit.

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