업무상과실장물취득
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. The lower court sentenced the Defendant to a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion when comprehensively taking into account the matters that are the conditions of sentencing in the trial, in particular, the fact that the Defendant confessions and reflects the Defendant, the applicable sentences, and the sentencing guidelines, or that it is recognized that maintaining the lower court’s determination of sentencing is unreasonable.
In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.