The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The following facts are the circumstances unfavorable to the Defendant: (a) the Defendant, even though he was sentenced to the suspended sentence due to the crime of interference with business, was going to commit the instant crime again; and (b) even during the suspended sentence, was subject to a summary order of KRW 50,000 as an assault crime

On the other hand, the fact that the defendant recognizes and reflects the crime of this case, there is no penalty power exceeding the fine, and it is difficult to see the degree of damage as severe, and the fact that the defendant agreed with the victim is favorable.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.