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. The Defendant committed the instant crime not only once the same criminal record, but also during the period of the suspension of execution of imprisonment due to the crime of obstruction of performance of official duties.

On the other hand, the fact that the defendant supports six wifes and six children (one male and female), that the defendant recognizes all of his mistakes, that the victim does not have serious damage to the accident of this case, and that the victim does not want punishment for the defendant, and that if the defendant is detained, family members are expected to face considerable difficulty.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, since it is apparent that the lower judgment’s omission of “1. Discretionary mitigation” and “Articles 53 and 55(1)3 of the Criminal Act” was made at the bottom of “application of statutes,” it shall be corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.