The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 5,000,000) against the Defendant is too uneased and unreasonable.

2. In light of the following circumstances: (a) the Defendant was the first offender; (b) the confession and reflect of the crime; (c) the background leading up to the instant crime; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

3. According to the records of this case regarding the application for compensation, the applicant for compensation is not the victim of the crime that found the defendant guilty, and thus, the application for compensation by the applicant for compensation is without merit.

4. If so, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act as it is without merit, and the application for compensation by the applicant for compensation is dismissed under Article 32 (1) 2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.