beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 60,00,000) imposed by the court below on the defendant is too uneasible and unfair.
2. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments in this case, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor as the grounds for appeal.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the decision of the court below shall be corrected ex officio as follows:
Article 48(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in Chapter 18 of the Criminal Procedure Act as Article 132(1) of the Criminal Procedure Act, and Article 48(1)1 of the Criminal Procedure Act as Article 132(1) of the Criminal Procedure Act.