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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.
2. The Defendant, even though his previous offense was committed several times, has committed the instant crime, and thus, the liability for the instant crime is not minor.
However, the Defendant is against the instant crime.
In addition, the sentence of the lower court is too uneasy and is not unfair in light of the following circumstances, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.
Therefore, prosecutor's assertion is without merit.
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.