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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 (a fine of eight million won, additional collection of two hundred thousand won) is deemed unreasonable as it is excessively unhued.
2. Determination on August 8, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Incheon District Court, which became final and conclusive on August 17, 2012, and has a high possibility of criticism in that the Defendant committed the instant crime during the period of probation. However, considering the various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s punishment cannot be deemed excessively unfavorable in view of the following factors, including the following: (a) the Defendant voluntarily surrendered against the instant crime; (b) the Defendant responded to the arrest of the investigative agency; and (c) the Defendant did not have any previous fault; and (d) the Defendant did not have any previous fault.
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.