The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The nature of the crime in this case shall not be shorter than that of the crime in this case;

The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.

The Defendant agreed with the victim to commit the crime of damaging the property of this case, and the victim does not want the punishment of the Defendant.

The defendant is the first offender.

When a fine is selected, including the above unfavorable circumstances, the defendant's age, character and character environment, relationship with the victim, motive means of crime, result of crime, circumstances after crime, etc., and the judgment of the court below, the sentencing criteria shall not apply.

In full view of the foregoing, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too unfluent enough to be evaluated.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.