The prosecutor's appeal is dismissed.

1. The lower court’s sentence (7 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhutiled and unreasonable.

2. In addition, considering the fact that the defendant committed another crime in this case during the suspension of execution due to the same crime, there is a need to punish the defendant with severe punishment, taking into account the fact that the defendant committed the same crime.

However, considering favorable circumstances, such as the Defendant’s recognition of the instant crime and the fact that the damaged goods were entirely returned and the damaged goods were recovered from damage, the agreed with the victim, and the Defendant’s family members and their neighbors want to take the front place, and taking into account other circumstances that form the elements of sentencing as indicated in the instant records and pleadings, such as the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance before and after the instant crime, the Defendant’s punishment imposed by the lower court cannot be deemed unfair, and thus, the Prosecutor’s improper assertion of sentencing cannot be accepted.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, “F” of the judgment below is ex officio, “I” and “G” are modified to “J” and “J”, respectively.