The prosecutor's appeal is dismissed.

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.

2. Although there are unfavorable grounds for sentencing, such as the fact that the Defendant committed the instant crime even during the suspension of the execution of imprisonment for the same kind of crime, the Defendant committed the instant crime. However, considering the favorable reasons for sentencing, such as the confession of the crime, the degree of injury, relatively minor, the victim’s agreement with the victim, the Defendant’s age, family relationship, economic situation, the background and motive leading to the instant crime, and all other matters concerning the sentencing as indicated in the records and arguments on the changes in the records and arguments, the lower judgment’s punishment is deemed appropriate, and there is no change of circumstances to be considered in the trial,

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 appeal is without merit. It is so decided as per Disposition.