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(영문) 서울중앙지방법원 2009.03.13 2008노4416

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (e.g., the form of the instant crime) is extremely poor, and thus, the lower court’s imprisonment (e.g., six months of imprisonment and two years of suspended execution) is deemed unreasonable.

2. In full view of the following circumstances: (a) the Defendants reflects the Defendants’ mistake; (b) the Defendants did not have any particular criminal record; and (c) the Defendants’ age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, etc., the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

3. Therefore, 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.