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The prosecutor's appeal is dismissed.
Reasons
1. Considering the substance of the grounds for appeal in light of the substance of the instant crime and the method of the instant crime, and the attitude of the act, the nature of the crime is very poor and no effort is made to recover damage, the lower court’s punishment (two million won of a fine) is too uneasible and unreasonable.
2. We examine the judgment, and the above circumstances alleged by the prosecutor are considered to have been sufficiently taken into account in the court below’s determination of the punishment, and the defendant is deemed to have committed the crime of this case with the age of 75 years old, in depth, and there is no record of criminal punishment exceeding the same kind of punishment or suspension of execution. In light of the various sentencing factors revealed in the proceedings of this case, the sentencing of the court below is too unfeasible and so it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.