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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 KRW 3,00,000) is too unhued and unreasonable.
2. The fact that the defendant had a criminal record of the same kind is disadvantageous to the defendant.
On the other hand, the fact that the defendant reflects his mistake, that the defendant does not have any criminal record exceeding the fine, and that the defendant does not want the punishment of the above victim by agreement with the victim is favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the 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 as it is without merit. It is so decided as per Disposition.