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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. In light of the fact that the Defendant committed the instant crime even though he/she had a previous conviction due to drinking, driving without a license, etc., it is necessary to punish the Defendant solemnly.
However, in full view of the following: (a) the Defendant’s mistake is against one’s depth; (b) the Defendant’s wife, who has given birth to his child, wanting the Defendant’s wife; and (c) other various sentencing conditions as shown in the instant pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age; and (d) sexual conduct and environment, etc., the lower court’s punishment is too unreasonable and unreasonable, and thus, the Prosecutor’s assertion 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.