The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment of the court below, although the defendant had already been punished by imprisonment, suspension of the execution of imprisonment, and fine several times for the same crime as the crime of this case, and committed the crime of this case again without being aware of it during the repeated crime period of about one year and nine months since the completion of the execution of imprisonment with prison labor due to the same kind of crime, etc., and there are circumstances where the defendant was unable to receive a letter from the victim due to agreement with the victim, etc. However, although the defendant was found to have erroneous recognition of the crime, the defendant is in depth, and is deemed to have been subject to pharmacologic treatment due to mental illness, and the living conditions are very difficult, and the degree of assault committed by the defendant seems to be very difficult, and other various circumstances, such as motive and background leading up to the crime of this case, circumstance before and after the crime of this case, defendant's age, character and behavior, environment, occupation, family relation, etc., the sentence imposed by the court below cannot be deemed to be unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.