The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two million won in penalty) is unfair because it is too unhued.

2. In light of the above, it is necessary to strictly punish the defendant since the defendant found the restaurant operated by the victim in which the victim had sustained considerable pain as in this case by threatening the victim as in the instant case.

However, in full view of the circumstances favorable to the defendant, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., it is not determined that the court below's sentence against the defendant is too uneasible and unreasonable, in light of the following factors: (a) the defendant was punished separately by a summary order of 500,000 won as to the fact of intimidation of the victim before the crime of this case; and (b) the defendant has no record of punishment in excess of a fine; and (c) the defendant has no record

Therefore, prosecutor's sentencing and warning cannot be accepted.

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