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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 unfasible to the punishment (3 million won in penalty) declared by the court below.
2. As pointed out by the Prosecutor, the crime of this case is committed by intrusion upon another person’s residence, and there is no way to commit the crime, and the defendant has received juvenile protective disposition two times due to larceny, so the defendant should be punished with severe punishment.
However, in light of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant is divided and reflected, the victim is not subject to punishment against the defendant, and the crime of this case appears to be a type of living, and the age, sex, family environment, and criminal record relationship of the defendant, the sentence imposed by the court below is judged appropriate, and it is not recognized that it is unfair because the sentence imposed by the defendant is too low and unfair. Thus, the prosecutor's argument above is without merit.
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.