The prosecutor's appeal is dismissed.

1. The court below's decision to suspend the sentence to the defendant (the suspended sentence: a fine of two million won) is improper in light of the defendant's responsibility for the crime.

2. In full view of all the sentencing conditions in the records and arguments of this case including the circumstances that the court below rendered as the reason of suspended sentence (the defendant's mistake is divided and reflected, the frequency of photographing this case is one time and attempted, the victim does not want punishment, and the defendant is the first offender) and all of the sentencing conditions in the records and arguments of this case, the court below's postponement of sentence is proper and unfair. Thus, the 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 grounds that the appeal is without merit. It is so decided as per Disposition.