The prosecutor's appeal is dismissed.

1. In light of the fact that this case is a retaliation crime, the lower court’s sentencing (one million won of fine) is too unhued and unreasonable.

2. According to the records, although there are circumstances such as the fact that the Defendant committed the instant crime during the period of repeated crime, the Defendant’s false accusation was made against the victim of the Defendant’s assault case due to the damage to property, and the Defendant’s false accusation did not reach an agreement with the victim, it is difficult to view that the Defendant’s false accusation did not affect the instant assault case, in light of the details of the Defendant’s complaint, it is difficult to view that the Defendant’s withdrawal at the prosecution stage was a serious matter, and the Defendant led to confessions of and reflects the Defendant’s non

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's argument is without merit. It is so decided as per Disposition.

(1) However, since Article 55(1)6 of the Criminal Act was omitted in the application of the law of the court below's decision, it shall be added to the "1. Confession mitigation" portion.