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The prosecutor's appeal is dismissed.
The defendant shall pay 4,850,000 won to an applicant for compensation.
The above compensation order shall be.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unfased and unreasonable.
2. The lower court’s determination appears to be reasonable by fully taking into account all the circumstances, including various grounds for sentencing asserted by the prosecutor, and there are no special circumstances to ex post facto change the sentencing. Therefore, the Prosecutor’s assertion of unreasonable sentencing 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 prosecutor's appeal is without merit, and the application for compensation raised in the trial is with merit. Thus, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, it is ordered that the applicant for compensation shall compensate the defendant for the amount of KRW 4,850,000, and it is ordered that the above order be attached to a provisional execution declaration in accordance with Article 31