The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Unfavorable circumstances: The nature of the crime in this case is poor in terms of methods, etc.

The defendant has been punished three times for the same crime.

A favorable circumstances: A victim is not punished for the defendant by agreement with the victim.

Considering all the circumstances in the arguments and records of the instant case, including the above unfavorable circumstances, favorable circumstances, the Defendant’s age, character and character environment, relationship with the victim, motive means of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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.