The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. The determination of this case is that the defendant interfered with the business of the victim by avoiding disturbance, such as destroying the alcohol remaining in the beer by hand at the main point in the operation of the victim, and that the degree of interference with the business is minor.

It is not possible to see that the defendant has been subject to criminal punishment several times, but has repeatedly committed a criminal act, and there is a need to strictly punish the defendant, considering his attitude of light of the law.

However, the Defendant recognized the instant crime and reflects his mistake in depth, compensating for damages, and agreed with the victim that the victim did not want to punish the Defendant.

In addition, considering the fact that the Defendant neglected the appearance of a sick person, and other circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment does not seem to be unreasonable and light.

3. According to the conclusion, the prosecutor's appeal against the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal against the defendant is without merit. It is so decided as per Disposition.