The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Although the Defendant did not reach an agreement with the victim, in full view of the following circumstances: (a) although the Defendant recognized the instant crime as an initial offender without a previous conviction and seriously reflects his/her mistake; and (b) other circumstances, which form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the 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 on the ground that it is without merit. It is so decided as per Disposition.