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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of eight months, one hundred and twenty hours of community service, forty hours of lectures to comply with law, and forty hours of alcohol treatment) is too unfford and unfair.
2. It is recognized that the judgment accused has been punished several times for the same kind of crime.
However, considering the fact that the Defendant’s mistake is divided, there is no history of punishment heavier than a fine, drinking alcohol (0.088% in blood alcohol), and other sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, it is not recognized that the lower court’s punishment is too uneasible and unfair.
Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.