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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unfluent and unreasonable.
2. The lower court determined that the Defendant’s sentencing was determined within a reasonable scope by fully taking account of all the circumstances surrounding the Defendant’s sentencing, and there is no circumstance that could be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable.
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.