2. The fact that the defendant had the same criminal record and multiple criminal records, and that the defendant committed the crime of this case during the period of suspended execution, and that the defendant denied the crime of this case to the court below and the court below, and did not reflect it, is disadvantageous to the defendant.

On the other hand, the crime of this case is committed by the defendant in a drunken manner, the physical damage (647,955 won) caused by the crime of this case is not significant, it seems harsh to impose a suspended sentence by sentence, and the fact that the defendant's health status is not good, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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