The sentence of the lower court (two million won of a fine) is too unhued and unreasonable.

Judgment

In particular, the fact that the defendant committed the crime of this case without being aware of it during the period of suspension of execution due to the same criminal offense is an unfavorable sentencing factor.

However, considering the following as a whole: (a) the fact that the Defendant recognized his mistake and is against the Defendant; (b) the fact that the Defendant agreed with the victim; and (c) the fact that the Defendant’s health condition is not good, etc.; and (d) various sentencing materials indicated in the pleadings, such as the size of the acquired amount; (b) the circumstances after the crime of this case; (c) the circumstances after the crime of this case; and (d) the Defendant’s age, character and conduct, etc.,

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.