The prosecutor's appeal is dismissed.

1. The lower court’s sentence (3 million won in penalty) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime was committed by cutting down the clothes, etc. of a woman’s inner residence into another person’s dwelling, and the nature of the crime is not good, and the risk of the act is likely to have been destroyed.

Although there is a history of punishment for the same kind of crime, the defendant will take the same crime for a repeated crime again during the period of repeated crime, and will be highly likely to be subject to criticism and the responsibility for such crime.

However, there are no special changes in the court below’s punishment, taking into account all the above circumstances, and there is no change in the circumstances that make it possible for the court below to change the punishment.

In full view of the above circumstances, the court below's disposition that the defendant recognized the crime of this case, the victim did not want the punishment against the defendant any longer, the support for his parents and minor children, and the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. is too unfortunate, and thus, does not seem to be unfair since it is too unfortunate that the court below's disposition that made the defendant a person who provided an opportunity to live within society with an opportunity to live therein is too unfortunate.

Therefore, the prosecutor's above assertion 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 on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.