The prosecutor's appeal is dismissed.

1. The lower court’s sentence (5,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case is found to be disadvantageous to the defendant, such as the fact that the defendant expressed a large voice in the drinking house in the operation of the victim and obstructed the victim's business by force by avoiding the disturbance, in light of the content of the crime, the criminal liability is grave, and the defendant did not agree with the victim, etc.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects his mistake in depth, the defendant appears to have committed the crime in this case by contingency, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the sentencing in the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not constitute a special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and it does not seem that the sentence against the defendant is unfair because it is too unfeasible, considering the circumstances surrounding the sentencing specified in the arguments in this case, such as the defendant's age, sexual behavior, and environment.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.