The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Unfavorable circumstances: The crime of this case is inferior to the nature of the crime, and the degree of injury of the victim is serious.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

In the investigation stage, the victim does not want to be punished against the defendant by agreement with the victim.

The defendant is the first offender.

The sentencing criteria shall not apply to the case where the defendant's age and character environment, including the above unfavorable circumstances, favorable circumstances, the relation to the victim, the motive means of crime, the circumstances after the crime, etc. of this case and the decision of the court below, have been selected as a fine as shown in the records.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unhutiled and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.