The prosecutor's appeal is dismissed.

The gist of the reasons for the prosecutor's appeal is that the court below's sentence (five million won in penalty) is too unfluent and unfair.

The fact that the defendant did not have any profit from the crime of attack of this case, and that the defendant denies his mistake and does not reflect it is disadvantageous to the defendant.

However, in light of the following: (a) the Defendant actually suffered from a traffic accident and thus has the right to claim damages within a reasonable extent; (b) the victim does not want to have the Defendant punished; (c) there is no record of criminal punishment; (d) there is no special circumstance or circumstance that may be newly considered in sentencing after the lower judgment was pronounced; and (e) other various sentencing conditions indicated in the record, such as motive and circumstance leading to the instant crime; (b) details of the relevant crime; (c) circumstances after the commission of the crime; (d) the Defendant’s age, sexual behavior; and (e) the environment, etc., the sentence of the lower court cannot be deemed unfair as it goes beyond the reasonable scope of discretion, and thus, is unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.