2. Determination factors are the sentencing factors disadvantageous to the defendant, such as the fact that the defendant had been sentenced to punishment, such as several previous cases and sentence, and that the defendant did not agree with the victim or have recovered damage.

However, in full view of the factors of sentencing favorable to the Defendant and various other factors of sentencing indicated in the records of the instant case, such as the fact that the Defendant recognized the instant crime, the amount of damage caused by the instant crime is relatively small, and there is no change in circumstances to change the sentencing of the lower court, etc., the sentence of the lower court against the Defendant is adequate.

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.