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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.
2. It is also true that the crime of this case is transferred by the defendant to the access medium, and the nature of the crime is not less complicated, and the access medium transferred by the defendant is used for the telephone financing fraud crime, and it is also necessary to strictly punish the defendant.
However, in light of the fact that the Defendant recognized the instant crime as a primary offender and divided his mistake, and other various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, environment, motive for committing the crime, and circumstances after committing the crime, the lower court’s punishment is too uneasible and unreasonable.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.