The sentencing of the lower court (ten months of imprisonment, two years of suspended execution, 40 hours of probation and pharmacologic treatment) is too unhutiled and unfair.

Considering the fact that the lower court recognized the mistake and reflects the fact that there was no record of being punished for the same kind of crime, and all other circumstances that form the conditions for the sentencing of the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentencing cannot be deemed unfair because it is too uneasible.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.