The prosecutor's appeal is dismissed.

1. The sentence of the lower court (one million won in penalty) on the summary of the grounds for appeal is deemed to be too unfluent and unfair.

2. As pointed out by the prosecutor, the fact that the defendant committed a crime during the period of the suspension of the execution of the same kind, and the fact that the nature of the crime is inferior in light of the means and methods of the crime is not good. However, considering the fact that the defendant does not want the punishment of the defendant, and the fact that the victim does not want the punishment of the defendant, the defendant's age, sex, environment, family relationship, motive for the crime and circumstances after the crime, etc., the sentence of the court below is too uneasible and unfair.

3. According to the 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 groundless. It is so decided as per Disposition by the assent of all participating Justices. However, since the part of the criminal facts column of the judgment of the court below and the part of the “1. concurrent treatment” in the applicable column of the law is obvious that the defendant will hold office wrong, it is corrected to delete it ex officio pursuant to