The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In particular, on October 7, 2008, the Incheon District Court sentenced the Defendant to five years of imprisonment due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and re-explosion of the crime of this case during the period of repeated crime is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the degree of injury is not serious; and (c) the Defendant’s age, family environment; and (d) the circumstances before and after the instant crime were committed; and (b) the Defendant’s punishment against the Defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.