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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unhued and unreasonable;
2. The instant crime is an unfavorable circumstance to the Defendant, such as the fact that the instant crime was planned to be committed over a long-term period, that is, the damage recovery or agreement has not been reached against the victim, and that the Defendant’s defense that the Defendant was unable to obtain is not contradictory.
However, in light of all the sentencing conditions indicated in the records of the instant case, including the background leading to the instant crime, the Defendant’s sentence against the Defendant, the first offender without any criminal power, the amount of damage does not reach a large amount, the health of the Defendant is not good, and the victim’s damage appears to be able to recover through civil litigation. In light of the background leading to the instant crime, and the background leading up to the instant crime, such as the Defendant’s age, character and conduct, the method of committing the crime, and the circumstances after committing the crime, the lower
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.