The prosecutor's appeal is dismissed.

1. Sentencing sentencing on the gist of reasons for appeal

2. The judgment below held that the defendant had a history of serving a prison term due to the same crime, and that the defendant committed the crime of this case again in the past and several months after release, under the circumstances unfavorable to the defendant, since the time of crime is a new wall with a large number of customers, the damage is not much significant, the victim does not want punishment, and the defendant will not repeat again in the future by breaking a mistake.

The sentence was imposed in consideration of the favorable circumstances such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

As required by the prosecutor for reasons of appeal, it is recognized that there are many criminal records including imprisonment with prison labor for the defendant, and the crime was committed during the period of repeated crime, and the nature of the crime is not good.

However, these circumstances have already been considered in the court below, and the sentencing conditions mentioned above have been significantly changed in the court below.

It is difficult to see it.

In full view of the above sentencing, the lower court’s sentence cannot be deemed unfair because it is too unffortunate.

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 as it is without merit. It is so decided as per Disposition.