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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (the suspended sentence of KRW 3 million) on the gist of the grounds of appeal is deemed unfair because it is too unfasible.
2. In full view of the following facts: (a) the Defendant recognized the instant crime and committed the instant crime in depth; (b) agreed with the victim at the time of the trial; (c) there was no record of criminal punishment; and (d) the Defendant’s age, sex, environment, motive and circumstance of the instant crime; (b) the motive and circumstance of the instant crime; (c) the means and consequence thereof; and (d) all of the sentencing circumstances indicated in the records and arguments, such as the circumstances after the commission of the
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 appeal is without merit. It is so decided as per Disposition.