The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentencing of the lower court (a fine of five million won) is too unhued and unfair.

Judgment

In full view of other circumstances, including the fact that there was a history of having been sentenced to a multiple punishment including punishment due to violence, etc., the fact that the defendant committed the crime in this case during the period of repeated crime, etc., the defendant committed the crime in this case at a disadvantage of the defendant, the fact that the defendant agreed with the victim, the defendant recognized his mistake and reflects himself, the defendant appears to have committed the crime in this case on a contingent basis, the defendant's support for his family, and the fact that the defendant does not find out the damaged business place with a bad intent, etc., the court below's sentencing is too unreasonable, and the prosecutor's assertion is without merit.

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