The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.

2. The crime of this case, even though the defendant was under the suspension of execution, is committed at a restaurant, and the disturbance was obstructed by avoiding the disturbance, and the crime was not committed, and there was a record of punishment for the same crime, and the fact that the defendant did not reach an agreement with the victim is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, and that the degree of damage caused by obstruction of business is not significant is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

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.