The prosecutor's appeal is dismissed.

1. The grounds for appeal (unfair sentencing) are deemed to be too uneasy and unfair. The lower court’s punishment (five million won in penalty) is deemed to be too uneasy.

2. According to the arguments and records of the instant case, the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That under Article 25(1) of the Criminal Procedure Act, “Article 2 subparag. 2 subparag. 2” of the judgment below is clearly erroneous in office under Article 25(2) subparag. 2 of the Criminal Procedure Act, and thus ex officio correction is made pursuant to Article 25(1) of the Rules on Criminal Procedure.