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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. In full view of the circumstances favorable to the defendant, such as the circumstances unfavorable to the defendant, the fact that the nature of the crime is not less than that of the defendant, the fact that there is a need to strictly punish the defendant's crime in order to eradicate violent acts in the state where the crime is becoming social problem, or that there is no record of punishment due to a crime beyond a fine or an obstruction of the performance of official duties, and other sentencing conditions as shown in the records and arguments, such as the defendant's age, sexual behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., as well as all kinds of sentencing conditions as shown in the records and arguments of this case, including the circumstances after the crime, etc., the sentence imposed by the court below was proper and the judgment of the court below exceeded the reasonable limit of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor's assertion that the prosecutor's punishment imposed by the court below is too uneasible and unreasonable, as the prosecutor asserts.
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.