The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant’s mistake in depth reflects his fault and would not repeat again; (b) the damage caused by the instant case is not so significant; (c) the victim does not want punishment against the Defendant by mutual consent with the victim; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (c) all the sentencing conditions indicated in the instant pleadings, including the circumstances before and after the instant crime, etc., even if considering that the Defendant committed the instant crime during the period of repeated offense and the suspension of execution for the same kind of crime, the lower court’s punishment cannot be deemed unfair as it is deemed unreasonable.

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.