2. Although there are good circumstances such as the circumstance that the Defendant committed the instant crime during the suspended execution period due to violent crimes, it is serious that the Defendant recognized his mistake and the victim does not want the punishment, and that the degree of interference with business is serious.

In light of the fact that it is difficult to see the Defendant’s age and character, the relationship with the victim, the motive, means, and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unfasible.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The prosecutor’s appeal of the conclusion is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, the facts constituting the crime of the judgment of the court below that “D” restaurant “D” restaurant “D” restaurant” is corrected.