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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 500,000 won) is too uneased and unreasonable.
2. The defendant had a record of being punished several times for the same crime, and in particular, the crime of this case was committed during the period of repeated crime of the same crime, etc. that is disadvantageous to the defendant.
On the other hand, there is a relatively small amount of money equivalent to 100,000 won of the amount of damage (tobacco 2: tobacco) that the defendant recognizes his criminal act, and all of the victims have been returned, and the victim does not want the punishment of the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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 as it is without merit. It is so decided as per Disposition.