Text
The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (Suspension of sentence: a fine of one million won) is too unhued and unreasonable.
Judgment
The victim C is a favorable sentencing factor, such as disadvantageous sentencing factors, the fact that the defendant is recognized as a substitute, the fact that the defendant and the victim C appear to have committed the instant crime in the process of exchanging their desire with each other (37,38 pages of investigation records), and the fact that the defendant has no record of criminal punishment yet.
In addition, considering the relationship between the Defendant and the victims, the motive for the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as a whole, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.