The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (4 million won in penalty) on the gist of the grounds of appeal is unreasonable as it is too unfasible.

2. The Defendant had a record of having been punished several times, including the same criminal record, and the Defendant again committed the instant crime even during the period of suspension of execution is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant committed the crime of this case and made the mistake against the defendant, the damage is relatively minor, and the victim does not want punishment against the defendant by agreement with the victim.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., the lower court’s sentencing against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s argument of sentencing 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.