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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below is too unhued.
2. The lower court rendered the said sentence by taking account of the favorable circumstances, such as the fact that the crime of this case is heavy, the Defendant’s violation while committing the instant crime, the fact that the profit gained from the instant crime is not significant, and the primary offender, etc., respectively, under the unfavorable circumstances.
In addition to the circumstances considered by the court below, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the court below, and there are no other circumstances such as the defendant's age, character and conduct, environment, health, process leading to a crime, means and consequence, size of the crime, and circumstances after the crime, which are revealed through records and arguments, including the court below's punishment imposed by the court below is deemed appropriate, and there is no other circumstance that the judgment of the court below was judged to have exceeded the reasonable limit of its discretion or that it is unreasonable to maintain it as it is.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too uneasible and unreasonable, contrary to the Prosecutor’s assertion.
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.