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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.
2. Determination is that the Defendant was punished twice by a fine for the same kind of crime in 2015, that the number of crimes is large, and that the damage has not been recovered is disadvantageous to the Defendant.
On the other hand, the following conditions are favorable.
The damage caused by the instant crime is relatively minor.
There is no history that the defendant has been punished beyond a fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, 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 as it is without merit. It is so decided as per Disposition.