Text
The prosecutor's appeal is dismissed.
Reasons
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. In full view of the circumstances that the court below rendered on the grounds of sentencing (the defendant, despite the past record of punishment for violent crime, is not good to commit each of the crimes in this case again, the degree of damage is not severe, and the defendant confessions and reflects the crime) and the defendant was under diagnosis and treatment at the time of committing the crime. The above health condition was partly affected by committing the crime in this case, and there is room for little consideration in the process of committing the crime, as well as in all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is judged to be appropriate, and the prosecutor's assertion is not reasonable, since it is not reasonable to deem that the sentence imposed by the defendant is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.