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The prosecutor's appeal is dismissed.
Reasons
Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault and assault, and rendered a judgment of conviction as to the remainder of the facts charged. Since only the prosecutor appealed on the conviction portion among the lower judgment, the dismissal portion of the public prosecution that the Defendant and the Prosecutor did not appeal was separately
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
The gist of the reasons for appeal by the prosecutor is that the punishment imposed by the court below (7 million won in penalty) is too unfluent and unfair. However, in full view of the various circumstances, which form the conditions for sentencing as indicated in this case, the sentence imposed by the court below is too unfluent and unfair, and the above argument is without merit.
Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.