무고
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (one year of imprisonment, two years of suspended sentence, two years of probation, and one hundred and sixty hours of community service order) against the Defendant is too unfford.
2. In full view of the fact that the defendant had no record of punishment for the same kind of crime, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., it is deemed that the sentence of the court below against the defendant is too uneasible and unfair. Thus, the prosecutor's assertion is without merit.
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.