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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the court below against the defendant (one million won of a fine) is too unfluent and unfair.
Judgment
The Defendant’s criminal act requires a strict punishment on the grounds that the ownership of a motor vehicle is unclear and that the motor vehicle is likely to be abused for criminal acts. However, in full view of the fact that the Defendant’s mistake is pened in depth, that there is no previous conviction against the Defendant, that there is no profits from the instant crime, and that there is no profits from the instant crime, and other various sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., the lower court’s punishment cannot be deemed unreasonable.
In conclusion, the appeal against the defendant by the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the appeal against the defendant is without merit. It is so decided as per Disposition.