형의집행및수용자의처우에관한법률위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won in penalty) is too unhued and unreasonable.
2. The Defendant’s crime of this case is recognized as the need to punish the Defendant with strict punishment due to the act of disturbing order in prisons.
However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.
The defendant does not seem to have carried the tobacco of this case into the prison, and it is also difficult for the defendant to take economic circumstances.
In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too unobcied.
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.