The prosecutor's appeal is dismissed.

In light of the prosecutor’s gist of the grounds of appeal (unfair sentencing) the instant crime is unreasonable since the sentence of the lower court, which sentenced a fine of KRW 500,000,00, is too unreasonable, in light of the following: (a) the Defendant was in possession of 1 mother gun that appears similar to that of a gun; and (b) the risk of undermining the safety of the general public may arise in the event an illegal mother gun is distributed in the gun.

Judgment

In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, even if considering the circumstances alleged in the grounds of appeal, and thus, is not deemed unfair, given that there is no history of criminal punishment, and the degree of perception of illegality regarding the instant crime appears to have been relatively weak. In addition, considering the following circumstances, such as the Defendant’s age, sex, environment, and circumstances after the instant crime, the aforementioned assertion is without merit.

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.