The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, and 40 hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. In light of the content of the crime of this case, and the relationship between the defendant and the victim, etc., the crime of this case is not good, and the defendant committed again even though he had been punished several times of the same kind of crime including two times of punishment, etc., the defendant's damage was restored by full repayment of the damage amount of this case, the social relation of the defendant seems clear, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, circumstances before and after the crime, etc., and the scope of recommended sentence according to sentencing guidelines established by the Supreme Court sentencing committee, it is not deemed that the court below which has suspended the execution of imprisonment with prison labor for the defendant in addition to community service

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.