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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court on the grounds for sentencing revealed in the course of the pleading of the instant case (in particular, the extent of the Defendant’s obstruction of and damage to his/her duties is relatively minor, and the Defendant does not have any past record of being punished for the same kind of crime, and the Defendant does not have any past record exceeding the fine) and other circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too unafforded.
Therefore, prosecutor's assertion 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 ground that it is without merit. It is so decided as per Disposition.