The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unreasonable.

2. In addition to the circumstances established by the lower court, in full view of the fact that the Defendant received remittance of KRW 30 million from the injured party and operated the instant beer house jointly with the injured party, but appears to have reached the closure of business due to business depression, and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the appeal by the prosecutor is dismissed as it is without merit, and it is so decided as per Disposition.