The prosecutor's appeal is dismissed.

1. The sentence of the lower court (five million won in penalty) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing factors, such as the poor quality of the crime in light of the details and methods of the crime, the fact that the victim did not receive a letter of tolerance, the fact that the victim was repented and reflects the mistake, and the first offender who has no record of criminal punishment.

B. In light of the fact that the Defendant paid civil damages to the victim in the trial, and that the sentencing of the lower court exceeded the reasonable scope of discretion by comprehensively taking account of the various sentencing factors revealed in the process of pleading.

It does not appear.

(c)

Therefore, the argument of sentencing is without merit.

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