The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. However, inasmuch as the victim suffered serious injury that needs to be treated for 20 weeks due to the instant crime, and it is difficult to hold the Defendant liable for a severe punishment in the future, the Defendant may have the record of criminal punishment for the same kind of crime. In particular, even if the victim was placed a prior to the instant crime prior to the instant crime, he/she committed the instant crime without being aware of it during the suspension period, and thereby committed the instant crime again during the suspension period.

However, in full view of the following: (a) the Defendant led to the instant crime; (b) the Defendant and the victim sought the Defendant’s wife by mutual consent; and (c) other various sentencing conditions as shown in the records and pleadings, such as the Defendant’s age and happiness environment; and (b) the circumstances before and after the instant crime, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.