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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court took account of the fact that the nature of the instant crime was inferior in light of the method of the instant crime and its risk, the fact that the crime was committed during the period of repeated crime, etc., and determined a punishment against the Defendant by taking account of favorable circumstances, such as the confession and reflect of the Defendant, and the fact that the Defendant was led to an agreement with the victim.
Comprehensively taking account of the conditions of sentencing as shown in the records and arguments, the Prosecutor’s assertion is without merit, since the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.