The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (six months of imprisonment) is too unfilled and unfair.

2. Considering the fact that the accused has been subject to criminal punishment for the same kind of crime, strict punishment against the accused is necessary.

However, in full view of the fact that the Defendant was at the time of committing the instant crime and divided, the actual profits that the Defendant acquired are not significant, the fact that the Defendant agreed with the victim in the first instance court, and all other sentencing circumstances shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of committing the instant crime, means and consequence, etc., the lower court’s sentencing is too unfeasible and unreasonable.

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.