Text
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. 판단 이 사건 각 범행의 태양, 수법 등에 비추어 그 죄질이 나쁠 뿐만 아니라 최근의 공권력 경시 풍조를 고려할 때 엄히 처벌할 필요가 있는 점, 피해자들과 합의하지 못한 점 등은 인정된다.
However, in light of the fact that the Defendant has no record of punishment heavier than the fine, and there is no record of punishment for the same kind of crime, and that his mistake is deeply divided, the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions stated in the arguments in the instant case, such as the circumstances after the instant crime, it is not recognized that the lower court’s punishment is too unfeasible and unfair.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.