The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the facts of this case, etc., the court below neglected the fact that the defendant did not intend to pay the price for the reason that the defendant had no intent to pay 100,000 won in the account, and acquitted the defendant of the charges of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (one hundred thousand won in 500,000 won) is too unhued and unfair.

2. Determination

A. Examining the instant evidence on the assertion of mistake of facts in detail, the lower court, on the grounds the sole basis of the evidence presented by the prosecutor, was provided with alcohol and food from the injured party as stated in the facts charged, even though the Defendant did not have any intent or ability to pay the price.

It is not sufficient to admit that there is no other evidence to acknowledge it, and the action which acquitted the defendant of the facts charged in this case is just and acceptable, and there is no error of misconception of facts as argued by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. It is recognized that the nature of the instant crime is bad in light of the form of the instant crime and the method thereof, etc., and that the Defendant was punished due to violent crimes, etc.

However, in full view of the following facts: (a) the Defendant agreed with the victim and the restaurant employee F in the investigation stage; (b) there is no history of punishment heavier than a fine; (c) the degree of interference with duties; and (d) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime; and (d) all of the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, etc., the lower court’s sentencing is too unfluent and it is not recognized that the Defendant exceeded the reasonable scope

Therefore, the prosecutor's above assertion is without merit.

3. If so, the Prosecutor’s appeal is to be made.