2. The judgment of the defendant has the same criminal records and repeats the crime of this case during the suspended execution period is disadvantageous to the defendant.

However, there is no significant damage, and the fact that the defendant deposited one million won for the victim, the victim wanted the defendant's wife in the trial, and the defendant seems to actively endeavor to treat alcohol survival is favorable to the defendant.

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, and the Defendant’s age and happiness environment, as indicated in the records and pleadings, the sentence imposed by the lower court is too uneasible and unreasonable.

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