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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in six months of imprisonment) is deemed to be too uneasy and unfair.
2. Although the Defendant did not reach an agreement with the victim, the Defendant did not have a criminal record exceeding the same criminal record or fine, and when considering the fact that the Defendant deposited 4 million won for the victim when the Defendant was in the first instance trial, and other various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed unfair merely because it is too unreasonable.
The prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the 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.