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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the penalty of the lower judgment (two million won of a fine) is too unhued.
2. The crime of this case is deemed to have been committed under the influence of alcohol by the Defendant, exercising power, and obstructing business of the victim's clothes for about 30 minutes. The defendant committed the crime of this case without being aware of it during the period of suspension of execution. The defendant committed the crime of this case, in addition to the above suspended sentence, one time as the crime of bodily injury, and one time as the crime of special intimidation. However, the court below determined the punishment in consideration of all the above sentencing grounds.
In full view of these circumstances, the Defendant appears to have committed a contingent crime, the degree of power exercised by the Defendant is not serious, the confession and reflect of the crime, the victim does not want the punishment of the Defendant, the support of two children in the name of the Defendant, and other various sentencing conditions shown in the argument of the instant case, including the Defendant’s age, career, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment of the lower judgment cannot be deemed to be unfair because the punishment of the lower court is too uneasible.
Therefore, the prosecutor's above assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(2) In accordance with Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below should be corrected to add “the selection of a fine for negligence of 1. Selection” to “the selection of a fine for negligence of 1. Selection” between 2, 10 and 11 of the judgment below pursuant to Article 25(1)