The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. It is recognized that, in light of the form of the instant crime, method, etc., the Defendant’s liability is not less and less severe, the Defendant has been sentenced to a fine, suspension of execution, and punishment on several occasions due to violent crimes, etc., and among which, the Defendant has the record of being punished for the same kind of crime, and that there was no agreement with the victim.

However, considering the Defendant’s confession of a crime at an investigative agency, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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.