Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (one year of imprisonment, one year of suspended sentence, one year of community service, confiscation and fine of three million won) is too uneased and unreasonable.
2. The lower court determined that the Defendant’s punishment was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial of the Party. Therefore, even considering the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable.
3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 46(1) and Article 46(1)1 of the Animal Protection Act shall be corrected to dismiss “Article 46(1) and Article 8(1)1 of the Animal Protection Act” as “Article 46(1) and Article 8(1)1 of the Animal Protection Act” in the 5th page of the lower judgment.