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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too unhued in this case, which is sentenced by the lower court (3,000,000 won in penalty).
2. The judgment below rendered the above sentence by taking into account the following favorable circumstances: (a) the Defendant had the same power, and each of the instant crimes was committed during the period of repeated crime, and the total amount of damage was not significant; (b) the Defendant has already been sentenced to imprisonment with prison labor for the same kind of crime during the period of repeated crime; and (c) the relationship of concurrent crimes after Article 37 of the Criminal Act with the crime and Article 37 of the Criminal Act is one of the two concurrent crimes; (d) the principle of equity with the case of concurrent crimes after Article 37 of the Criminal Act should be considered; (e) the victims have agreed with each of the instant victims; (e) the fact that the Defendant
In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, and other circumstances of all the sentencing, including the Defendant’s age, sexual conduct, environment, health, circumstances leading to a crime, means and consequence, scale of the crime, and circumstances after the crime, which can be known through records and pleadings, the sentence imposed by the lower court appears to be reasonable. Furthermore, the lower court’s judgment of sentencing exceeded the reasonable limit of discretion.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible 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.