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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.
2. The Defendant’s crime of this case is not good in that the Defendant repeatedly committed the same kind of crime even though the Defendant had been punished for the same kind of crime in the past.
However, considering the fact that the amount of damage in this case is not significant, that the defendant agreed smoothly with the victim in the original trial, that the defendant has intellectual disability, that the defendant has currently not sufficient health, that the defendant shows the motive and background of the crime in this case, the circumstances after the crime in this case, the defendant's age, character and conduct, and environment, and various circumstances that are the conditions of sentencing as shown in the records and arguments in this case, such as the records and arguments in this case, are considered, it is not determined that the sentence imposed by the court below is unreasonable.
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.