The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) is too unfasible.

2. It is recognized that the judgment defendant has several records of punishment for the same kind of crime.

However, considering all of the sentencing conditions stated in the pleadings of this case, including the defendant's age, sex, family environment, the circumstances and result of the crime of this case, the following circumstances, etc., the defendant paid part of the amount of damage before reaching the trial of this case, and the victim wants to take the defendant's wife against the victim by additionally paying the remaining amount of damage when the defendant reached the trial of this case. Thus, the prosecutor's above assertion is without merit, since the court below's punishment is too unfeasible and unfair.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.