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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to interference with the business, and the probation period became final and conclusive on June 2, 2017, and the defendant was not only committed the crime of this case but also the defendant was punished by the same kind of crime, and there are many criminal records against the defendant due to the same crime in addition to the above previous convictions, and thus, the prosecutor's assertion of sentencing unfavorable to the court below seems to have been sufficiently taken into account when determining the punishment in the court below. In light of the above, the court below's determination was too unhued and it was found that the defendant appeared against the defendant properly committed the crime of this case and agreed with the victim in the course of investigation, and it was found that the defendant exceeded the reasonable scope of discretion.
shall not be appointed by a person.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.