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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. On August 19, 2016, the Defendant was sentenced to a suspended sentence of three years for murder, attempted murder, etc. at the Changwon District Court Branch Branch, and the judgment became final and conclusive around that time, and the Defendant committed the instant crime at approximately four months during the suspended sentence, which is disadvantageous to the Defendant.
However, in full view of the various circumstances, including the fact that the Defendant recognized the instant crime and reflects on the fact that the instant crime was caused by the problem arising from the relationship with the victim in which the Defendant was in a relationship with the victim, that the Defendant did not have entered the victim’s house, and that the Defendant infringed on the victim’s house before and after the entrance, that the victim complained of the Defendant’s wife up to the trial, that the Defendant’s family and branch members are leading the Defendant, and that the Defendant’s family and branch members wanted to take the Defendant’s wife, and that the Defendant’s age, environment, sex behavior, motive for committing the crime, and circumstances before and after the crime, etc., it cannot be deemed that the lower court’s punishment is too unjustifiable and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.