The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court against the Defendant (a fine of three million won) is too unfluent and unfair.

Judgment

The defendant who has not agreed with the victim and has not been present in the trial, etc. shall be subject to strict punishment in that there is no doubt.

However, in full view of the following facts: (a) the Defendant has no record of punishment exceeding the fine for the same criminal offense; (b) the victim has not been injured; and (c) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be negligible.

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

(However, since it is apparent that the “F” in Part 7 of the judgment of the court below is a clerical error of the “C”, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.