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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. The judgment of the defendant has a record of criminal punishment several times for the same crime (including three times the actual punishment); in particular, on November 11, 201, the defendant was sentenced to imprisonment with prison labor for four months and one year, and committed the crime of this case at least five months since the execution of the sentence was completed due to fraud, etc. on November 11, 201. However, there are unfavorable circumstances such as the defendant's confession of the crime of this case, and on the other hand, the defendant reflects the mistake; on the other hand, the amount of damage caused by the crime of this case is relatively low; on the one hand, the victim is pro-time crime; on the other, the victim's wife actively desires to commit the crime; on the other, the victim's economic difficulty appears to be a crime due to the defendant's age, character and behavior, environment, the motive, means and result of the crime of this case, and the circumstances after the crime, etc., the prosecutor's assertion as above is without merit.
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.