The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution, and one hundred and twenty hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. There is no new special circumstance or change of circumstances that can be reflected in the sentencing of the defendant after the decision of the court below was rendered.

If the court below’s sentencing factors, such as Defendant’s age, character and conduct, and environment, are compared to the reasons for sentencing, the court below’s determination does not seem to be too minor beyond the reasonable scope of discretion, and thus, the prosecutor’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit, and the application for compensation order by the applicant for compensation is not clear in the scope of liability for compensation, and it is so decided as per Disposition by the court below to dismiss it in accordance with Articles 25 (3) and 3

(Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio the addition of “compactary choice” to the third 19th sentence of the judgment of the court below shall be corrected).