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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal - The sentencing of the lower court’s punishment (2 million won in penalty) is deemed too unhued and unreasonable.
2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing in the trial at the trial at the trial at the court below were revealed during the hearing at the court below, and no particular change of circumstances was found in relation to the matters subject to sentencing after the sentence of the court below.
In addition, in full view of the grounds for sentencing as cited by the court below and all other factors of sentencing as shown in the records of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below’s punishment was unhued and exceeded the reasonable scope of discretion.
Since the prosecutor's assertion cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.