The prosecutor's appeal is dismissed.

1. The sentence of a fine of KRW 5 million imposed by the lower court is too uneased and unreasonable.

2. Although it is deemed that the liability for the crime of this case is not easy for the defendant, who has been punished several times for a crime related to violence, to interfere with restaurant business by neglecting disturbance in the restaurant in the operation of the victim, the defendant is not guilty. Meanwhile, considering the fact that the defendant was aware of the victim and the victim did not want to be punished by the defendant by agreement with the victim, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is not deemed to be too unjustifiable, and thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.