The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. In light of the overall circumstances favorable to the defendant (such as the confession of the crime in this case, the mistake is divided, and there is no specific penalty power prior to the crime in this case) and unfavorable circumstances (such as the fact that the nature of the crime in this case is not good) such as the sentencing reasons in the judgment, and there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the court below is deemed to have exceeded the reasonable scope of discretion, and thus, the prosecutor's assertion is without merit.

3. Therefore, 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.