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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.
2. There are bad circumstances such as: (a) the nature of the instant crime committed by the Defendant, citing knife to the victim who tried to resist due to noise; (b) the nature of the crime committed by the Defendant is not good; (c) the crime committed during the period of repeated crime; and (d) the Defendant’s records of punishment for the crime committed by violence,
However, the Defendant’s recognition of the crime from the stage of investigation is against the Defendant, and the victim has already expressed his intention not to punish the Defendant prior to the agreement with the Defendant, and the risk of recidivism is not visible in view of the attitude after the crime, compared to the first instance court, and there is no change in the conditions of sentencing compared with the first instance court, where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it, and all other conditions of sentencing as indicated in the arguments and records, including the Defendant’s age, character and conduct, environment, etc., the sentence of the lower court against the Defendant is deemed to be inappropriate and unreasonable
Therefore, prosecutor's assertion is without merit.
3. The appeal by the conclusion prosecutor is dismissed.