The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the Defendant committed the instant crime at the same time during the period of suspension of execution, even though the Defendant had been sentenced to a fine, suspension of execution, or punishment for a total amount of time.

However, considering the fact that the Defendant is suffering from the port of view, that the damaged police box was compensated for repair expenses, that the police officer under the jurisdiction of the above police box wanted to take the Defendant’s seat, and that the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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.