The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal is improper because the punishment (3 million won in penalty) declared by the court below is too unhued.

2. Although it is recognized that the Defendant re-offending a crime despite the same criminal record, the amount of damage is minor and returned to the victim, reflects that the Defendant’s age, sex, family environment, the circumstances and results of the instant crime, and the following circumstances, the court below’s punishment is too uneasible and unfair. Thus, the prosecutor’s assertion is without merit.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.