The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (one year of imprisonment with prison labor, two years of suspended execution, observation of protection, and community service order 120 hours) is deemed unreasonable.

2. In full view of the facts that the nature of the instant crime is not good, the Defendant’s payment of KRW 5 million to the victim’s damage recovery, the Defendant’s payment of KRW 5 million to the victim’s previous conviction or suspended execution, the Defendant has no record of having been punished for the same criminal conviction or suspended execution, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair because the Defendant’s punishment against the lower court is too uneasy and unfair.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench (Provided, That under Article 25(1) of the Regulation on Criminal Procedure, the court below’s ex officio dismissal of “3. Defamation” in Article 3. 5 of the Criminal Procedure Act as “3. Defamation.”