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The prosecutor's appeal is dismissed.
Reasons
1. The defendant's judgment on the grounds for appeal has a past record of criminal punishment several times for violent crimes is disadvantageous to the defendant.
However, considering the various sentencing conditions in the records, such as the Defendant’s age, character and behavior, and circumstances after the crime, the lower court’s punishment (three million won of fine) cannot be deemed unfair because it is too unaffortunate, in light of the following circumstances: (a) the Defendant is both recognized and against the Defendant; (b) the victim is seeking the wife against the Defendant by mutual consent with the victim at the investigation stage; (c) a number of criminal records related to the Defendant, which have been subject to criminal punishment exceeding the fine among those criminal records; and (d) the Defendant’s health is not good.
2. 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.