The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The fact that the defendant committed the instant crime even though he/she had had had had had been sentenced to punishment for the same criminal records several times is disadvantageous to the defendant.

However, the instant crime was committed by the Defendant, the participating in the assembly, from April 24, 2015 to about 19:00 on the same day, by leaving the way for each reported report without involving any particular violence or damage for about 50 minutes from around 18:10 to around 19:00 on the same day, and from around 19:26 to about 35 minutes from May 1, 2015 to about 20:00 on the same day, and the degree of traffic interference or the illegality is significant.

shall not be deemed to exist.

In addition, the defendant did not play a leading role in the crime of this case, because he was merely a participant in a simple assembly.

In the instant case where there is no change in circumstances that could determine punishment differently from the original judgment in the appellate court, taking into account all the conditions of sentencing as shown in the records and theories of changes, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court exceeded the scope of reasonable discretion in sentencing as it is too unfeasible.

shall not be deemed to exist.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.