The prosecutor's appeal is dismissed.

1. The court below's sentence (five million won of fine) against the defendant in light of the gist of the grounds for appeal is too unhued and unreasonable.

2. In light of the following: (a) there is a number of criminal records identical to the instant crime committed against the Defendant; (b) the Defendant committed the instant crime during the period of suspension of execution; and (c) the Defendant committed the instant crime during the victim’s face; and (d) the commission of the instant crime, which is not good enough to commit the instant crime; (b) the Defendant appears to have been reflected in the lower judgment that rendered a relatively high-amount fine; (c) the Defendant’s confession was against the Defendant; and (d) the victim was given the Defendant a sight and physical contact with the Defendant in advance; (d) the victim appears to have been the cause of the crime; (e) the victim did not want the Defendant’s punishment; and (e) the victim did not want the Defendant’s age, character and behavior, occupation and family environment, the background and consequence of the instant crime; and (e) various sentencing factors

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.