The prosecutor's appeal is dismissed.

1. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unfilled and unreasonable.

2. The judgment of the defendant has already been punished for the same kind of crime several times, and the fact that the defendant was serving as a repeated offender for the same kind of crime is disadvantageous to the defendant.

However, in light of the fact that the defendant's mistake is recognized and against the defendant's health, the fact that the defendant's health is not good, and other circumstances shown in the argument in this case, the court below's punishment is too unfasible and it is not deemed unfair, and thus, the prosecutor's assertion is rejected.

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.