The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The circumstances unfavorable to the defendant, such as the fact that the defendant, who had the victim go beyond the road and did not take relief measures even though he was injured by the victim, is not in good quality of the crime, and that the elderly victim suffered a relatively less weak injury, such as the double frame of 6 weeks in front of the part of the victim, etc.

However, in full view of the various circumstances, including the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and the fact that the Defendant voluntarily appeared at a police station where more than 2 hours and 30 minutes have passed away, the victim was paid medical expenses, the Defendant did not want the Defendant’s punishment, the Defendant was the first offender who has no record of punishment, the Defendant’s health was not good, and the Defendant’s age, environment, sexual conduct, criminal conduct, circumstances before and after the commission of the crime, etc., as well as the conditions for sentencing specified in the instant records and arguments, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

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