2. Determination

A. The Defendant has several previous charges and sentences, and the Defendant has committed the instant crime during the period of the same repeated crime, and the responsibility thereof is not less than that of the head of the Si/Gun/Gu, so it is necessary to strictly punish the Defendant.

B. Meanwhile, there are extenuating circumstances, such as the confession of a crime and the misunderstanding of a mistake, the degree of damage is relatively minor and the Defendant agreed with the victim in a relatively minor manner, and the Defendant is an old age of 70 and a basic livelihood recipient.

In addition, considering all of the sentencing conditions in the instant case, such as equity in the case where a judgment was rendered simultaneously with the final and conclusive judgment, family relationship, living environment of the accused, details and motive of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

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