The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for eight months of imprisonment) is too unhued and unfair.

2. In light of the circumstances of the instant case, the fact that the nature of the instant crime is not good, that the amount of damage caused by the instant crime is not significant, that the Defendant did not agree with the victim up to the trial, and that the Defendant did not take measures to recover damage.

On the other hand, there are favorable circumstances such as the fact that the defendant properly recognizes and reflects his mistake, that the defendant is a first offender who has no previous conviction, and that the defendant seems to be in an economic difficult situation.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of sentencing guidelines by the Sentencing Committee, it is not recognized that the sentence imposed by the lower court is too unreasonable, and 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 ground that it is without merit. It is so decided as per Disposition.