Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of three million won) is too uneased and unreasonable.
2. The defendant's previous convictions in the judgment and the defendant's failure to agree with the victim are disadvantageous to the defendant.
However, in full view of the following: (a) the Defendant’s mistake is divided and reflected; (b) the first instance court deposited KRW 3 million for the victim; and (c) the Defendant’s participation in the instant crime; (b) the degree of punishment against accomplices; (c) the Defendant’s age, character and conduct; (d) the character and conduct of the Defendant; (e) the motive and circumstances of the crime; and (e) the circumstances after the commission of the crime
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.