The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (exemption from punishment) is too unfluent and unfair.

2. The fact that the defendant had been punished for the same criminal records and did not complete recovery of the damage is disadvantageous to him/her.

On the other hand, the court below's final judgment (one year and six months of imprisonment) should consider equity in the case where the defendant was tried at the same time, and in particular, it is not recognized that the prosecutor's assertion is unreasonable because the above previous conviction and the applicable law of the crime of this case are identical, five million won out of the amount of damage, and other various sentencing conditions specified in the arguments of this case, such as the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc.

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