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. All circumstances alleged by the Prosecutor as an unfavorable factor in sentencing in the trial of the lower court were revealed during the oral proceedings of the lower court. The lower court appears to have determined the sentence in consideration of all the circumstances, and there are no particular changes in the appellate trial.

Furthermore, even in full view of the sentencing grounds cited by the lower court and other various sentencing conditions indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s punishment was too uneasible and considerably exceeded the reasonable scope of discretion

Therefore, prosecutor's assertion is not accepted.

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.

(However, the part of Article 35 of the Criminal Procedure Act from Article 20 to Article 35 of the Criminal Procedure Act, in the application of the law of the court below, is obvious that the second part of the law of the court below is a clerical error by mistake. Thus, it shall be corrected ex officio to delete it by mistake under Article 25 (1) of the Regulation on Criminal Procedure. Meanwhile, although the court below did not issue a provisional payment order, it is not a case requiring a provisional payment order, and it is difficult to see that there is a reason to issue an order for provisional payment newly ex officio at the trial).