Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.
2. Determination Doctrine, the defendant has been punished several times for the same kind of violent crime, and in particular, the fact that the defendant is likely to be subject to criticism again during the trial for the same kind of crime, etc. is recognized as an unfavorable circumstance to the defendant.
However, in light of other circumstances, including the defendant's age, character and behavior, environment, occupation, motive, means and consequence of the instant crime, circumstance after the crime, family relation, criminal record, etc., the sentence imposed by the court below is deemed to be unfair because it is unreasonable since the sentence imposed by the court below is deemed to be unreasonable because it is too unreasonable because it is too unreasonable and too unreasonable. Thus, the prosecutor's assertion is without merit. The prosecutor's assertion is without merit, in light of the following circumstances: the defendant's punishment imposed by the court below is deemed to be unreasonable and too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.