The prosecutor's appeal is dismissed.

1. Considering the substance of the grounds for appeal: (a) the Defendant, who had been subject to multiple criminal punishment for the same crime as the instant case, committed the instant crime without being able to do so at all during the period of suspension of execution; and (b) the risk of recidivism by committing the instant crime; and (c) the nature of the instant crime is very poor in light of the substance of the crime, the sentence of the lower court is too unreasonable.

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment in the court below. The defendant committed the crime in this case while recognizing the fact of the crime in this case, and it seems that not only the defendant committed the crime in this case but also the defendant committed the crime in this case smoothly with the victim, as well as the defendant's age, character and behavior, environment, circumstances of the crime in this case, means and consequence, and the circumstances after the crime, etc., the court below's sentencing judgment is too unfeasible and it cannot be recognized that the defendant exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.