The prosecutor's appeal is dismissed.

1. The sentencing of the court below on the gist of the grounds of appeal (the suspension of the execution of imprisonment for 2 years and 80 hours) is unreasonable because it is too uneasible.

2. Considering the fact that the defendant did not agree with the victim, strict punishment against the defendant is necessary.

However, in full view of the fact that the Defendant recognized the instant crime and depth, there is no record of criminal punishment for the same kind of crime, and other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is too uneasible and unreasonable.

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.