2. The judgment that the defendant committed the crime of this case during the period of suspended execution due to the same or similar crime, even though he had been punished several times for the same or similar crime such as the violation of the Assembly and Demonstration Act, is disadvantageous to the defendant, but on the other hand, he is required to pay attention to the defendant as to whether the defendant led to the violation of the law in the future, and there are no circumstances to deem that the defendant led to the confession of the crime of this case and the commission of the crime of this case beyond the mere degree of participation in the assembly of this case, and the fact that the defendant is currently taking advantage of the status of college students, etc. are favorable to the defendant. In full view of other various circumstances, the defendant's age, character and behavior, environment, criminal records, circumstances leading to the crime of this case, and circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, the prosecutor'

3. Therefore, 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.