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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (four months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. The lower court sentenced the Defendant to four months of imprisonment and two years of suspended execution, taking into account the circumstances favorable to the Defendant.
In full view of the facts that are the conditions for sentencing in this Court, in particular, the Defendant paid an additional repayment of KRW 1,500,000 to this Court, the lower court’s judgment exceeded the reasonable bounds of discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sex, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the “nivers” of the lower judgment’s two-half and two-half shall be corrected into “nivers payment”, and the “8,200,000 won” of the three-fourths shall be corrected into “8,120,000 won”.