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The prosecutor's appeal is dismissed.
Reasons
1. In light of the substance of the instant crime in light of the substance of the grounds for appeal, given that the nature of the crime is very poor in light of the substance of the instant crime, and the suffering from the victim suffered, the sentence of the lower court (a fine of five million won) is too uneasible and unreasonable.
2. In light of the above circumstances asserted by the Prosecutor in the grounds of appeal, the lower court’s judgment is deemed to have been sufficiently taken into account when determining the punishment at the lower court, and the Defendant was committed as a primary offender with no criminal record, and the Defendant was divided into depth of the mistake, and the victim was not subject to punishment by making a full agreement with the victim, as well as other factors such as the Defendant’s age, occupation, character, character, environment, background, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s judgment of sentencing is too unfeasible and cannot be deemed to have exceeded the reasonable scope of discretion.
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.