The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the court below (five years of suspended sentence to three years of imprisonment) is too unhued and unfair.

2. The crime of this case was committed on the grounds that the defendant had been at the night, and the victim had been frighten at night. In light of the background of the crime and the risk of the means, the crime of this case was not committed, and the victim suffered considerable physical and mental shock, and could have lost the minor life due to the crime of this case, and the defendant had been punished for several times of violence, which are disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, the method and method of the crime, the sentencing guidelines of the Sentencing Committee prescribed in Article 51 of the Criminal Act, and the sentencing guidelines of the Supreme Court Decision, it cannot be deemed that the sentence imposed by the court below is too unfeasible and exceeded the discretion of sentencing, considering the following factors: (a) the defendant's recognition of the crime of this case is against the defendant; (b) the victim does not want the punishment against the defendant; (c) the defendant committed the crime of this case by contingently; and (d) the defendant voluntarily takes care of the victim's custody after the crime of this case; and (e) there

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 as it is without merit. It is so decided as per Disposition.