The prosecutor's appeal is dismissed.

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

2. Although there are unfavorable circumstances such as the Defendant’s previous convictions, and the Defendant committed the instant crime during the prison period due to rape, it appears that the Defendant was aware of his mistake on the other hand, and that the victim’s degree of injury is not much serious, considering the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

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.