The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. In full view of the following factors: (a) the court below’s sentence is too unafford, and the defendant has the record of punishing the same kind of crime three times including the previous convictions; (b) the defendant has not been agreed with the victim; (c) the record of punishing the same kind of crime is before 2001; (d) the balance with the case where the judgment is rendered simultaneously with the final judgment; and (e) there is no particular change in the sentencing conditions as shown in the argument of the instant case, such as the fact that there is no change in the sentencing conditions compared with the judgment of the court below;

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.