The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor that the defendant was subject to criminal punishment for the same kind of crime, as well as the defendant did not receive a letter from the injured party up to now are considered to have been sufficiently taken into account when determining the punishment at the court below, and there is a situation where the defendant was under the net order of the crime of this case and the defendant must support the son under the age of 10. The court below's sentencing determination is too unfford and exceeded the reasonable scope of discretion.

shall not be appointed by a person.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.