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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.
2. Considering that the nature of the instant crime is not good, and that the Defendant repeatedly committed the instant crime despite the same criminal record, it is necessary to strictly punish the Defendant.
However, the defendant generally repents his mistake, and the defendant submitted a written petition to the court below that the defendant agreed with the victim (the victim asserts that he did not implement the agreed matters in the court below, but in light of the result of the trial court's sentencing investigation, the defendant seems to continue to implement the agreed matters with the victim), a balance in sentencing with the same kind of crime, and other terms and conditions of sentencing specified in the argument of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., the defendant's age, character and environment, motive, means and consequence of the crime, after considering the circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair
3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.