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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (10,000,000 won of fine) is too unhued and unreasonable.
2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing at the trial were presented during the hearing of the lower court, and no particular change of circumstances was found in relation to the matters subject to sentencing after the pronouncement of the lower judgment.
In addition, the prosecutor's assertion is not acceptable, since the court below's punishment is unfeasible and exceeded the reasonable scope of discretion in sentencing even in full view of all the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.