The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered to the defendant (5 million won in penalty, 40 hours in total, 5 million won in total, and 50 hours in total) is too unfluent and unfair.

2. The crime of this case is a normal situation favorable to the above defendant, such as the following: (a) the crime of this case was committed in a manner unfavorable to the defendant; (b) the defendant showed an attitude unfavorable to the defendant, (c) the defendant recognized the crime of this case and did not have any record of punishment for the same crime; (d) the crime of this case does not have any record of special intimidation as decided by the judgment; and (e) the crime of this case is concurrent crimes under Article 37 (1) of the Criminal Act with special intimidation, etc., which are concurrent crimes under Article 39 (1) of the Criminal Act, and thus, (e) there is a need to consider equality with the case where the judgment is to be made simultaneously pursuant to Article 39 (1) of the Criminal Act.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

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.