The prosecutor's appeal is dismissed.

In light of the fact that there are many records that the defendant committed violent crimes, and that the defendant again committed the crime of this case during the suspension period of the execution of official duties, the court below held that the defendant did not repeat the crime of this case in the future by separating the fact that the defendant did not commit the crime of this case, and that the form and result of the act of this case are not significant, that the victim agreed smoothly with the victim, and that the mistake is divided

Considering the favorable circumstances, the sentencing conditions were determined by considering the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime.

In light of the following: (a) the Defendant was punished or investigated for acts similar to the instant crime, such as vision and violence, etc.; (b) there have been a number of times for the Defendant to be punished or investigated; (c) the same act has not been repeated for a long time after having been sentenced to a suspended sentence; and (d) the court imposed special matters to be observed by ordering the protection and observation along with the suspended sentence; (c) and (d) the Defendant committed the instant crime under the influence of drinking again; (d) the Defendant was under the influence of drinking; (e) or (e) the Defendant suffered from humbrys, etc.; and (e) it is not good for the Defendant to have health; and (e) it cannot be deemed unfair for the lower court to have imposed excessive imprisonment; and (e) there was a significant change in the sentencing conditions stated by the lower

There is no circumstance to consider.

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 as it is without merit. It is so decided as per Disposition.