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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. The circumstances after the crime are committed, such as denying part of the criminal facts, and taking contact with the husband, etc. of the victim while the case is in progress.
However, the defendant does not have any contact to the victim or his/her family members even after he/she did not have any contact.
In full view of the facts that the victim does not want the punishment of the defendant, that there is no criminal history against the defendant, and other circumstances of all the sentencing as shown in the records and arguments of this case, such as the age, sex, environment, family relationship, circumstances leading to the crime, means and result of the crime, etc., the sentence imposed by the court below is appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.