The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The level of criticism is large in that the Defendant committed the instant crime even though the Defendant had already been punished due to drinking driving.

However, in full view of the following factors: (a) the Defendant committed a crime against the wrong person while committing the crime; (b) the instant crime did not lead to a traffic accident; (c) the driving force of drinking alcohol was limited once; and (d) the alcohol level at the time of the crime was not significantly high; and (c) other factors of sentencing indicated in the records and pleadings, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence of the lower court is too unjustifiable and unreasonable.

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