The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (exemption from punishment) is too unfasible and unreasonable.

2. The judgment of the court below that the defendant deposited the amount equivalent to the amount of damage for the victim when the defendant was in the trial of the party, and that the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

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.