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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the lower court (7 million won of a fine) is too unhued and unreasonable.
Judgment
There are many kinds of criminal offenders including the defendant's punishment and criminal records, and the crime of this case was committed during the period of repeated crime, etc. are disadvantageous factors for sentencing.
However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects the Defendant’s participation in the instant crime; (b) the degree of the Defendant’s participation in the instant crime is relatively minor; (c) the Defendant deposited KRW 400,000 for the victims; and (d) the Defendant’s spouse’s childbirth is immediately imminent; and (c) the factors for sentencing are favorable; and (d) equity with accomplices for whom punishment has already become final and conclusive; and (e) other factors for sentencing as indicated in pleadings, including the background of the instant crime, circumstances after the instant crime; (e) the Defendant’s age, character, conduct and environment, etc
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.