The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The crime of this case was committed by the Defendant on the ground that the victim did not promptly return the deposit in the apartment owned by the victim, which he leased and resided, and thus, it was destroyed by spreading the color lacing on the window frame, the entrance door, the bathing room, the window glass, the balcony wall, the entrance door, etc. of the apartment. The crime of this case appears to have suffered a serious mental shock as well as property damage. The Defendant committed the crime of this case without being aware of the fact that he committed the crime of this case on December 3, 2012 at the Daejeon District Court sentenced 8 months to imprisonment with prison labor due to the crime of forging public documents at the Daejeon District Court on May 23, 2012, and was committed on December 3, 2012.

However, in full view of the following facts: (a) the Defendant recognized the crime of this case; (b) the Defendant committed the crime of this case in contingency, which was under conflict between the victim and the refund of deposit; (c) the Defendant committed the crime of this case in the course of seeking restitution to the original state; (d) the Defendant paid KRW 1 million to the victim in the trial; and (e) the Defendant’s age, character and conduct, environment, background, means and consequence of the crime; and (e) all of the sentencing conditions stated in the records and arguments, including the circumstances after the crime, etc., the sentence imposed by the lower

3. In conclusion, the prosecutor's appeal 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.