경범죄처벌법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to 600,000 won) is unfair as it prevents the Defendant from repeating a crime and is not adequate to achieve the preventive purpose of punishment, and thus, the Defendant should be sentenced to penal detention.
2. The instant crime is deemed to constitute an act of revocation at a police station box, and the nature of the crime is not good.
However, the court below sentenced the maximum punishment of the severe fine among the statutory penalty, against the defendant's mistake while recognizing the crime, and is highly likely to repeat the crime due to the lack of the same criminal record.
In addition to the fact that it is difficult to see that only punishment is consistent with the purpose of preventing the correction and punishment of a defendant, the punishment of the court below is reasonable in view of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive and means of a crime, and circumstances after a crime.
The prosecutor's assertion is without merit.
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.