The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal (two years of suspended sentence for one year of imprisonment, probation, community service, 120 hours of pharmacologic, 40 hours of pharmacologic, and 100,00 won of surcharge) of the lower court is deemed to be too unfluent and unfair.

2. Although the defendant was punished for a suspended sentence due to the same crime, the defendant was under the influence of punishing the defendant for the same crime, the fact that the defendant was aware of the crime of this case and reflects the mistake thereof in depth, the fact that the phiphone medication was more than five years from the time when he was punished for the same crime to the time of the crime of this case, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, are considered to be adequate, and thus, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.