The prosecutor's appeal is dismissed.

1. In light of the following facts: (a) the Defendant had a number of criminal records identical to that of the Defendant; and (b) the Defendant had been under the suspension of execution at the time of the instant crime, the sentence (three million won of a fine) imposed by the lower court is too unhu

2. There are a number of previous judgments, and in particular, the Defendant committed the instant crime without going against the fact that he committed the instant crime even though he was under the probation period at the time of the instant crime, is disadvantageous to the Defendant.

However, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crime; (b) the degree of damage suffered by the victim is relatively minor; and (c) the Defendant did not focus on the nature of the instant crime; (d) the Defendant agreed with the husband of the victim; and (e) the Defendant suffered from the aftermacy of normal renal disorder and alcohol dependence.

In full view of these circumstances and the conditions of sentencing as shown in the records and arguments, such as character, conduct, environment, property, health condition, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

Therefore, 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.