The prosecutor's appeal is dismissed.

1. The sentence of a fine of 6 million won imposed by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. In light of the fact that the defendant committed the instant crime during the period of probation prior to the crime of injury in the judgment of the court below, and the defendant's behavior and the contents of verbal abuse, etc., it is clear that the degree of interference with the instant crime cannot be deemed to be less than that of the instant crime. However, the instant crime was committed with the wind that the defendant resisted for the store service and could not take part in theization, and the defendant took an attitude to recognize and reflect the mistake, taking into account the following factors: (a) the victim business owner cancels the complaint against the defendant at the investigation stage; and (b) the victim has no past record of imprisonment or heavier punishment than the above probation; (c) the victim's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc.; and (d) the punishment that the court below made within the scope of the reasonable discretion for sentencing is within the scope of discretion for sentencing.

The decision is judged.

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.