The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. It is recognized that the judgment defendant had a record of being punished by a majority of the crimes of the same kind, and that the crime of this case is committed while the defendant committed the crime of this case even though he was under probation for the same crimes.

However, the above circumstances appear to have been considered by the court below in its entirety, and the degree of injury caused by the crime of this case is minor, the defendant agreed smoothly with the victim, and all of the sentencing conditions as shown in the argument of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, etc., are considered as inappropriate. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.