The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The Defendant, even before committing the instant crime, has been sentenced to three times a fine for the same kind of crime and three times a sentence, and on July 10, 2014, was sentenced to imprisonment for one year by the Daegu District Court for a crime of interference with business and violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), and committed the instant crime without being sentenced to imprisonment for a repeated crime on February 1, 2015, even during the period of repeated crime upon termination of the sentence, and there is a need for a strict punishment for the Defendant.

However, in light of the following: (a) the Defendant’s mistake is divided and contradictory to each other; and (b) the instant crime is in a concurrent relationship between the crime of destroying property and the crime of destroying property finalized by a four-month imprisonment with prison labor by the Daegu District Court on August 24, 2016 and the crime of causing concurrent crimes after Article 37 of the Criminal Act; and (c) the sentencing conditions indicated in the records, such as Defendant’s age, sex, environment, occupation, circumstances after the crime, etc.; and (d) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, are not changed compared to the first instance court; and (e) it is reasonable to respect the first sentence if the first sentence does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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.