2. In light of the fact that the Defendant had been punished for the same kind of crime in the past, and in particular, even though the Defendant was suspended from indictment due to the violation of the Electronic Financial Transactions Act, it appears that the Defendant had never been able to engage in the instant crime. The fact that the cream card leased by the Defendant was used for the actual fraud crime, and that the cream card was not used by the victims, etc. are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, the degree of assault committed by the defendant against the victim D and police officer F, the fact that there is no benefit from actual acquisition due to the violation of the Electronic Financial Transactions Act, and the fact that there is no power to punish the defendant in excess of the suspended execution, etc., the court below's punishment seems to be within the reasonable and appropriate scope, and it cannot be deemed that the defendant's age, character and behavior, and environment are too unreasonable.

Therefore, prosecutor's assertion is without merit.

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