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The prosecutor's appeal is dismissed.
Reasons
1. The sentence of the lower court (five million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.
2. Although the nature of the crime is inferior in light of the content of the crime, considering the following factors: (a) the Defendant reflects the nature of the crime; (b) the Defendant has no record of being punished in the Republic of Korea; (c) the degree of assault is relatively minor; and (d) the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible
3. Accordingly, 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.