The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the three years of suspended execution in the month of imprisonment with prison labor, the one of 160 hours in social service) is too unfluent and unreasonable.

2. The level of criticism is high in that the Defendant committed the instant crime in spite of the fact that the Defendant had been punished more than twice due to driving under drinking, including two times of punishment.

However, in full view of the following facts: (a) the Defendant committed a crime against the wrong person while committing the crime; (b) the instant crime did not lead to a traffic accident; and (c) the overall sentencing conditions shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, occupation, and circumstances after the crime, etc., the sentence of the lower court is too uneasible and unreasonable.

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