The prosecutor's appeal is dismissed.

1. The sentence of the lower court (five million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. Examining the grounds for sentencing and the grounds for sentencing of the judgment of the court below as indicated in the records and arguments of the instant case, considering all the circumstances alleged by the prosecutor on the grounds of appeal, the sentence of the court below cannot be deemed too unjustifiable and unreasonable.

Therefore, prosecutor's assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.