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. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) In light of the records and all the sentencing factors indicated in the trial process of the instant case including the Defendant’s age, character and environment, motive and circumstance of the instant crime, the method and method of the instant crime, and the circumstances after the instant crime were committed, the Defendant was sentenced to criminal punishment several times prior to the instant case. In particular, on October 24, 2014, the Defendant committed the instant crime on November 17, 2014 when he/she was sentenced to six months of imprisonment for the crime of violation of the Punishment of Violences, etc. Act (Habitual Violence), and even after the enforcement of the sentence was completed on November 17, 2014, the Defendant committed the instant crime at once during the repeated crime period. However, the Defendant appears to have recognized the instant crime and expressed an attitude against the Defendant, and the degree of the type of force of the Defendant’s use is relatively not much much severe. As such, comprehensively taking account of all the following factors: (a) the Defendant’s age, character and nature, and environment; and (b) the motive and method of the instant crime;

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.