The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

In 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the same kind of crime, etc., and committed the instant crime during the period of the suspended sentence.

In addition, the defendant can be punished by a fine for the same crime and by a suspended sentence of imprisonment.

Circumstances favorable to the defendant shall be as follows:

The defendant confessions the crime of this case and repents.

Although the Defendant was sentenced to a fine of KRW 5 million for the same kind of crime in 2016, the Defendant was sentenced to a fine of KRW 500,000,000 for the same crime, it was related to the crime before the judgment of around 2015, which was before the above suspension of execution, became final and conclusive, and there

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.