2. Although there are unfavorable circumstances that the defendant did not agree with the victim, on the other hand, it is more favorable that the defendant would become a sincere member of society while recognizing and opposing his mistake, the primary offender, the fact that the damage cell phone was returned to the victim, and the defendant's attachment is leading the defendant to the defendant, etc. In addition, taking into account the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unjustifiable, and thus, the prosecutor's above assertion 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.