2. In light of the background and method of the instant crime, the crime is not good, and the Defendant committed repeatedly the instant crime even though he had the past record of having been punished more than 4 million won due to the violation of the Punishment of Violences, etc. Act, etc. However, the lower court’s determination that the Defendant deposited 4 million won for the victim and gave consent thereto to the victim when the Defendant was in the first instance trial, and the victim was placed in the judgment, and the suspension of qualification or more punishment was sought, the Defendant has no record of qualification suspension or more, the Defendant reflects his mistake, and all other sentencing conditions, such as the Defendant’s age, character and conduct, environment, and conditions after the commission of the instant crime. Thus, the Defendant’s assertion cannot be deemed unfair since the sentence imposed by the lower court is unjustifiable.

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