The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted at the trial of the original judgment. In full view of all the reasons for sentencing indicated in the records of this case, it is not recognized that the sentencing of the lower court is too unhued and so it exceeded the reasonable scope of discretion.

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.