The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. It is not necessary to punish the Defendant solely in light of the circumstances that are disadvantageous to the victim, such as a single scam, the degree of injury of the victim is considerably heavy, and the victim did not agree with the victim.

On the other hand, the fact that the defendant confessions and reflects the facts of the crime, the fact that the defendant committed the crime of this case in a contingent manner in the course of vision between his behavior and his behavior while under the influence of alcohol is deemed to have committed the crime of this case, the fact that there is no other penalty power, and deposit three million won for the victim, etc. are considered as favorable to the defendant.

In addition, in full view of the overall circumstances, the lower court’s sentence against the Defendant appears to have been determined by taking into account the overall circumstances, and there was no special change in the appellate court, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, sex, motive for committing a crime, and the circumstances before and after committing a crime, the lower court’

Although there may be room to see it too much to reverse the judgment of the court below, it is not recognized to be unfair.

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