The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) on the gist of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. Although there are circumstances unfavorable to the defendant, such as the fact that the amount of damage caused by the instant crime reaches KRW 39 million, failure to agree with the victim, and the defendant has a record of punishment for the same or similar crime, the court below appears to have determined the punishment by reflecting it in the judgment below, and there are no circumstances to change the punishment in the court below.

On the other hand, considering the fact that the defendant committed a crime while intending to commit a crime, the total of 26 million won out of the amount of damage (the total of 3 million won on December 12, 2014, the total of 3 million won on March 12, 2015, the total of 18 million won on July 7, 2015, the total of 20 million won on October 21, 2015, and the fact that there was no record of punishment exceeding the fine, the fact that there was no record of punishment exceeding the fine, and other various circumstances shown in the records and arguments of this case, such as the defendant's age, career, character and behavior, environment, family relationship, means and result, etc., it is not determined that the sentence imposed by the court below is too unjustifiable and unfair.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.