The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The judgment of the Defendant committed the instant crime without being familiar with the Defendant even during the period of suspension of execution, and the degree of injury the victim suffered is not that of the victim.

However, the defendant seems to have been living alone and making it difficult for the second degree of 1st degree of brain disease to care, and already agreed with the victim at the investigation stage, and the surrounding persons of the defendant want to take the action against the defendant.

Since the defendant recognized the crime of this case and is in profoundly against it, it is judged that it is appropriate to give the opportunity for the defendant to lead a life in good faith without suppressing the crime.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, and the record of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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