재물손괴
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (for four months of imprisonment and one year of suspended execution) is too unfased and unfair.
2. The Defendant committed the instant crime, even though he/she had been punished several times due to violent and destruction-related crimes, including the suspended execution due to violent crimes, etc., is disadvantageous to the Defendant.
On the other hand, the fact that the defendant is against the defendant's wrong recognition, and that the injured party seems to have not want the punishment of the defendant by the victim's agreement with the victim is favorable to the defendant.
Considering the above circumstances and the sentencing conditions indicated in the record, such as Defendant’s age, sex, environment, circumstances after the commission of the crime, and degree of damage, it is difficult to deem that the sentence of the lower court is too uneasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.