2. In light of the fact that the amount of grain sold by the defendant by falsely indicating the production year exceeds the total of 300 tons, and that the defendant had been punished for the same kind of crime even before, there is a need to punish the defendant strictly.

However, in full view of all the sentencing conditions, including the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the Defendant’s environment, family relationship, and the equity of punishment with other related persons, where the court below’s punishment is too unreasonable, and thus it cannot be deemed unfair, in light of the following: (a) the crime of this case is to be committed at the same time in relation to the crime of violation of the Punishment of Tax Offenses Act and the concurrent crimes of the latter after Article 37 of the Criminal Act, which have become final and conclusive; and (b) the detention of the Defendant is likely to cause an excessive difficulty to his family members.

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.