The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (one million won of a fine) is too unhued.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared with the lower court. In full view of the motive, circumstance and degree of intimidation, circumstances after the crime, relationship with the victim, Defendant’s criminal record and age environment, etc., the lower court’s punishment is deemed as excessive softening and exceeding the reasonable scope of discretion.

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.