The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant is a criminal record of several criminal punishment for the same crime, and in particular, even if he/she was sentenced to a fine twice during the period of suspension of execution for the same crime, he/she did not have been aware of and again committed the crime of this case. Nevertheless, the defendant did not agree with the victim and did not receive a letter from the victim is an unfavorable condition against the defendant.

On the other hand, the following points are favorable to the defendant.

The damage caused by the instant crime is relatively minor.

The damage caused by the instant crime was fully returned to the victim.

It seems that the health of defendants is not good.

The Defendant had been detained for at least three months due to the instant crime.

In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, such as the age, sex, environment, relationship with the victim, etc. of the defendant, the sentence of the court below is not deemed unfair because it is too low.

Therefore, prosecutor's assertion is without merit.

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.