The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, and the fine of five million won) is too uneased and unreasonable.

2. Although there are circumstances unfavorable to the defendant, such as the crime during the period of probation, there is no record of criminal punishment exceeding a fine for the same kind of crime, there is no change of circumstances that could add the punishment of the court below in the court below, and considering the defendant's age, sex, environment, motive and circumstance of the crime, method and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is deemed appropriate and it cannot be deemed unfair because it is too unreasonable.

The prosecutor's improper argument in sentencing is without merit.

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