2. As to the grounds for appeal, even though there were many records of punishment for the same kind of crime, the Defendant repeated again. In particular, the Defendant committed the instant crime during the period of repeated crime after having been sentenced to a punishment for the immediately preceding crime, and released from prison after having been sentenced to it, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, and that the defendant does not want the punishment of the defendant by mutual consent with the victim is favorable to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.