The prosecutor's appeal is dismissed.

1. In light of the main sentence conditions of the grounds for appeal, the lower court’s punishment (4 million won in penalty) is too uneasy and unreasonable.

2. The Defendant had been punished twice by a fine due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and committed the instant crime during the period during which the instant crime was suspended due to a violation of the Punishment of Violences, etc. Act, and the fact that the damage from the instant crime was not recovered is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the depth of the instant crime; (b) the degree of the power of the Defendant exercised; and (c) the attitude of obstructing the instant business, such as the Defendant’s age, sexual conduct, environment, motive and background of the instant crime; and (d) the circumstances after the commission of the instant crime; and (b) the punishment imposed by the lower court is too weak in light of various circumstances, which are the conditions for

shall not be deemed to exist.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.