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. It is recognized that the judgment defendant committed the crime of this case without being aware of the period of suspension of execution due to the same crime even though he/she had a record of criminal punishment over several times for the same crime.

However, in light of the circumstances favorable to the defendant, which the court below explained in the reasons for sentencing, the defendant was trying to drink and to correct himself as a sound social person while meeting with the doctor's opinion in relation to the symptoms supporting alcohol dependence after the court below sentenced the hospital after the decision of the court below, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the arguments of this case, such as the circumstances after the crime, etc., it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion.

Therefore, 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 grounds that the appeal is without merit. It is so decided as per Disposition.