Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and two hours of community service) is too unhued and unreasonable.
2. The instant case is a matter involving participation of multiple accomplices in accordance with a pre-feasible plan and the nature of the offense or issue is disadvantageous to the point that the offense or issue is serious.
However, the defendant recognized his mistake and agreed to pay 2 million won to the victim (1.3 million won for the money distributed by the defendant out of the amount of 50 million won). The prosecutor's assertion is without merit, in light of the favorable circumstances, such as the defendant's age, character, occupation and environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc., and all of the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, occupation and environment, circumstance leading to the crime of this case, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal 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.