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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (one year of imprisonment, three years of suspended execution, and 160 hours of community service order) is too unfluent and unreasonable.
2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant had been punished several times due to the same crime, and the defendant's drinking value is relatively high.
On the other hand, the fact that the defendant is against the defendant's wrong recognition is favorable to the defendant.
Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.
Therefore, the prosecutor's above 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.