The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (4 million won in penalty) on the gist of the grounds of appeal is unreasonable as it is too unfasible.

2. The Defendant, 64 years of age, shakeed the victim’s flaps, and displayed the part of the victim’s head of an empty disease, which is a dangerous object.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime in the period of repeated crimes, not for the same type of crime; (b) the Defendant agreed with the victim; (c) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime; (d) the means and consequence of the crime; and (e) there is no special change in circumstances or circumstances that may change the sentencing of the lower court after the lower court’s judgment; and (e) the

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.