The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is deemed to be too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned legal principles, the lower court, based on the foregoing legal doctrine, determined a sentence against the Defendant by taking into account the following circumstances: (a) the inferior nature of the crime in light of the various circumstances as indicated in its reasoning; (b) the Defendant has a criminal record of multiple times of punishment for the same kind of crime; and (c) there is no special circumstance or change in circumstances that may be assessed differently from the sentencing condition of the lower court in the trial; and (d) other circumstances that are the conditions for sentencing as indicated in the instant argument, including the Defendant’s age, character and behavior, environment, motive for the crime, means, and consequence after the crime, it cannot be deemed unreasonable to deem the lower court’s sentence to be too unjustifiable enough to escape the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.