Text
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. The judgment of the Defendant repeated each of the crimes of this case even though he had been punished several times for the same crime. The Defendant committed the crime without a license of this case for about six months after having been sentenced to a fine for the same kind of crime, and the Defendant did not agree with N, a victim of the crime of this case until now.
However, in light of the favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant would not repeat the crime by scrapping the vehicle, the fact that the victim N is not serious damage, and all of the sentencing conditions of the case, such as the defendant's age, character and behavior, environment, the circumstances and result of the crime in this case, etc., it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.