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The prosecutor's appeal is dismissed.
Reasons
1. The lower court rendered a judgment dismissing public prosecution and convicted the Defendant on the damage to property, among the facts charged against the Defendant.
The defendant did not appeal against the judgment below, and the prosecutor appealed only against the guilty portion among the judgment below, and the scope of the judgment of this court is limited to the convicted portion among the judgment below.
2. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.
3. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and the circumstance after the crime, the court below did not change the sentencing conditions compared with the original judgment. Thus, it cannot be deemed that the sentence imposed by the
Therefore, the prosecutor's above assertion is without merit.
4. 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.