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. In full view of the circumstances that the court below rendered on the grounds of sentencing (the defendant had the same criminal record, the damage was not repaid, the degree of damage was not serious, and the defendant reflects the defendant's mistake) and all of the sentencing conditions in the records and arguments of this case, including the circumstances that the court below rendered on the grounds of sentencing, the sentence imposed by the court below is deemed appropriate, and the prosecutor's assertion is not reasonable because it is too unafford. Thus, the 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.