The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, two years of protection observation) is too unfased and unreasonable.

2. It is recognized that: (a) the nature of the crime of this case is bad in light of the form of each crime of this case and the method thereof; (b) the defendant has been subject to criminal punishment on several occasions due to the same crime; (c) the defendant was arrested as a flagrant offender on May 8, 2016 and released after being investigated by an investigative agency; and (d) the defendant committed the crime on July 4, 2016.

However, in light of the various circumstances favorable to the defendant, which the court below explained in the reasons for sentencing, it seems that the defendant was able to repent his mistake in depth as he lives remaining after being detained on February 27, 2017 at the court below. After the court below's decision, the defendant was hospitalized at the hospital after the court below rendered and tried to correct himself as a sound social person under the treatment of alcohol dependence, and the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the sentencing of the court below exceeded the reasonable scope of its discretion because it is too unfeasible and exceeded the reasonable scope of its discretion.

Therefore, 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 grounds that the appeal is without merit. It is so decided as per Disposition.