The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (exemption from punishment) is too unfluent and unfair.

2. It is recognized that the judgment defendant has a single suspended sentence for the same crime, a record of punishment once a prison sentence, and a failure to recover from damage.

However, taking into account the following circumstances: (a) the Defendant’s mistake is divided; (b) the amount of damage is not so large; (c) equity in the case of fraud, etc. for which judgment has become final and conclusive; and (d) equity in the case of the instant crime at the same time; and (b) the Defendant’s age, sexual conduct, environment; and the motive, means, and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., all of the sentencing conditions specified in the instant argument

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that it is obvious that the “Tagu District Court Support” of 1 criminal act in the letter of judgment below was omitted by mistake, such as larceny, etc., following the “the Daegu District Court Support of Kimcheon-cheon” of 1 criminal act, and thus, it is corrected to add it ex