The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. Although the crime of this case was committed under unfavorable conditions, such as the form of crime, degree of damage, etc. in light of the nature of the crime, the crime of this case is not less complicated, the defendant recognized the crime of this case, and reflects the defendant's mistake in depth, the defendant deposited KRW 2 million at the court below's expense of the victim's hospital, and the defendant deposited KRW 2 million for the victim. At the time of the trial, the defendant's daily act of this case reached an agreement with the victim. At the time of this case, when the defendant Do scambling from the victim, there are circumstances that can be taken into account the motive of the crime of this case as the defendant went back to the crime of this case. On July 8, 2010, the defendant did not have any specific criminal power except for those sentenced to a fine of KRW 500,000,000 as an official crime, and there are other various kinds of conditions on the defendant's age, character and behavior after the crime, and the records.

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