The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant does not know about the fact that he/she had been punished more than 20 times due to violent crimes, but committed the crime of this case again during the period of repeated crime due to the same kind of crime, and the degree of injury of the victim is serious, etc. that are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case in the court below and took an attitude against the defendant, paid 3 million won to the victim, agreed with the victim, and the victim expressed his desire first to the defendant was the starting point of this case is favorable to the defendant.

In addition, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below, the punishment imposed by the court below is too unjustifiable in light of the following: the relationship between the defendant and the victim, the defendant's age, character and conduct, environment, motive and circumstance of the crime, etc., and all of the sentencing conditions stated in the records and arguments of this case, such as the circumstances after

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