2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant was subject to criminal punishment several times for a violent crime, since the crime of this case was committed by gathering the dangerous material of fraud from the victim E, the nature of the crime is not good, the victim has not yet been properly recovered, and the defendant has been subject to criminal punishment several times for a violent crime.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentencing of the lower court is too unreasonable, considering the following factors: (a) the Defendant appears to be against the Defendant’s recognition of the instant crime; (b) the Defendant appears to have caused the instant crime in a contingent and consistent manner in the thought to restrain the occurrence of physical fightings between D and the victim at the main point; (c) the degree of injury of the victim is not relatively heavy; and (d) the Defendant has no record of criminal punishment other than the fine.

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.