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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (3 million won in penalty) imposed on the defendant is too unfased.
2. The fact that the Defendant again committed the instant crime at the time when two months have not passed since he/she was sentenced to four times punishment due to a violation of the Road Traffic Act (driving) and was sentenced to a fine of one million won due to a violation of the Road Traffic Act (unlicensed driving) on June 8, 2016 is disadvantageous to the Defendant.
However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant is favorable to the defendant.
In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.
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.