The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (for four months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. The fact that the defendant was punished for a crime of the same kind, and that the victim's wages have not been paid up to the trial is disadvantageous to the defendant.

However, considering the favorable circumstances that the Defendant’s recognition of the instant crime and reflects the fact that the Defendant did not receive the payment of the construction cost from a superior contractor or the owner of the building, resulting in the delay in the payment of the instant wage, and that there exist grounds for consideration in the circumstances, and considering the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court was proper and the lower court’s determination of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor’s aforementioned assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

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.