경범죄처벌법위반
The prosecutor's appeal is dismissed.
1. Since it is reasonable to impose a penal detention on a person who has the same jurisdiction as the defendant in the summary of the grounds for appeal, the sentence imposed by the court below (the amount of 600,000 won) is not appropriate.
2. Although there are extenuating circumstances against the defendant, such as the fact that the defendant has been sentenced to a fine twice due to the crime, such as inflicting an injury on a third party in the state of his taking, or her desire for police officers, etc. However, the fact that the defendant recognized all of the crimes and reflects on all of the crimes, and Article 50(1) of the Criminal Act provides that the gravity of the punishment shall be in the order of entry under Article 41.
Article 41 of the Criminal Act provides that "The types of punishment shall be stated in the order of death penalty, imprisonment without prison labor, loss of qualification, suspension of qualifications, fines, misdemeanor imprisonment, minor fine, and confiscation. Thus, the punishment imposed by the court below is more severe than that of penal detention (see Supreme Court Decision 2001Do5131, May 28, 2002) and other various circumstances that are the conditions for the punishment specified in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime.
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.