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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered against the defendant (one million won in penalty) is too unhued and unfair.
2. In light of the circumstances favorable to the Defendant, such as the fact that the damage caused by the instant crime was not recovered, but there were unfavorable circumstances to the Defendant, on the other hand, considering the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, occupation, family relationship, etc., including the fact that the Defendant was committed in favor of the Defendant, and other circumstances, such as the fact that the Defendant was committed, the sentence imposed by the lower court is too uneasible and unfair.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.