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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the court below (the fine of KRW 3,500,000) on the gist of the grounds of appeal is too uneasible.
2. In light of the fact that the Defendant committed the instant crime without being sentenced to a suspended sentence of imprisonment due to an act of violence, it cannot be deemed that the nature of the instant crime is light. However, the Defendant committed the instant crime, i.e., when committing the instant crime, and reflects the Defendant’s perception and reflects. The Defendant committed the instant crime, satisfing a police officer’s breath, and satching one time, and some of the circumstances may be taken into account in the form of the act and circumstances leading up to the instant crime, and other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, the background and consequence leading to the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the sentence imposed by
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.