The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In light of the records and all of the sentencing conditions in the instant case including the fact that the Defendant was punished for violent crimes, and that the Defendant committed the instant crime even though he had been under the suspended execution period, although he was under the suspension of execution, he was found to have committed the instant crime, there is room for somewhat considering the circumstances leading to the instant crime in the process of responding to the fact that he was a thief by the police officer when he was identified as a thief by the police officer as a thief, and that the Defendant’s mistake was divided and reflected, and the degree of damage was relatively minor and the degree of damage was relatively minor, the sentence imposed by the lower court on the Defendant is deemed to be appropriate, and thus, it cannot be deemed unfair,

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.