The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the crime of this case was committed not only by the Defendant, at the time of the instant crime, with the aim of threatening the victim as an employee, as he/she turns out to the main disease, which is a dangerous thing at the restaurant, in light of the background and method of the crime, but also by the fact that the crime of this case was committed not only by criminal punishment for a crime related to violence, but also by the fact that the Defendant committed the crime of this case even during the period of repeated crime, after having been sentenced to

However, in full view of the following: (a) the Defendant recognized the instant crime and reflects his mistake; (b) appears to have committed the instant crime by contingency during drinking; (c) did not proceed to the direct exercise of force against the victim; and (d) the extent of damage inflicted on the victim by the instant crime is relatively heavy; (b) the Defendant appears to have failed to reach an agreement by failing to contact with the victim after the victim’s discontinuance of restaurant work; (c) there is no equity in sentencing with the same similar case; (d) there is no special change of circumstances that may be newly considered after the pronouncement of the lower judgment; and (e) there is no other grounds for sentencing as shown in the arguments, such as the Defendant’s age, sex behavior, environment, means and method of and consequence of the instant crime; and (e) all of the sentencing conditions presented in the pleadings, such as the circumstances after the crime

3. In conclusion, 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. It is so decided as per Disposition.