저작권법위반
The prosecutor's appeal is dismissed.
1. In light of the nature of the instant case in which the Defendant plannedly infringes on the legal interest protected by the author’s property right, the lower court’s sentence (one year of imprisonment with prison labor, two years of suspended execution, and two hundred hours of community service order) is deemed unreasonable.
2. The instant crime was committed for a long time, and did not have been repaid.
Meanwhile, in full view of all the circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court is too unjustifiable, and thus, is unlikely to be too unreasonable. In so doing, it cannot be deemed that the sentence of the lower court 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 ground that it is without merit. It is so decided as per Disposition.