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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of 300,000 won) declared by the lower court 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment by taking into account the following: (a) although the victim suffered an injury requiring six weeks’ medical treatment; (b) the Defendant was the primary offender; (c) there is room to take into account the motive leading to the instant crime; and (d) the Defendant agreed with the victim, and (e) there is no new circumstance or circumstantial relationship to change the sentence of the lower court in the trial.
In addition, comprehensively taking into account the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment exceeded the reasonable scope of discretion or is too unjustifiable.
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.