The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unhued and unreasonable.

2. The lower court determined that, although the Defendant had a criminal record of the same kind of punishment and the Defendant has committed a repeated crime during the repeated crime period, it is necessary to strictly punish the Defendant, it is reasonable to give the Defendant an opportunity to make efforts to re-socialize with his family, rather than separating the Defendant from society, in consideration of the following: (a) there is no substantial damage to the Defendant’s attempted crime; (b) the Defendant was investigated to respond to the arrest in good order after the commission of the crime; and (c) there is no special motive or reason to recognize the Defendant’s mistake; (b) the Defendant has not been found to have committed the crime of this case; and (d) the Defendant has been continuously receiving mental treatment and has not been re-offendered until now after the crime

For the reason that it is judged, a fine of KRW 3 million was sentenced to the defendant.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the scope of reasonable discretion, and there is no change in the sentencing conditions compared to the court below in the first instance, the sentencing of the court below cannot be deemed to be unfair because the sentencing of the court below is too low.

3. Accordingly, 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.