The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the lower judgment by misapprehending the facts and legal principles, the part of the lower judgment regarding dismissal of the public prosecution was clearly identified to the extent that the facts constituting the cause of the public prosecution were distinguished from those of other facts charged, and the Defendant voluntarily acknowledges that the cash withdrawal was a gold obtained from the criminal act of Boishing, thereby hindering the Defendant’s exercise of defense

However, the lower court’s dismissal of this part of the prosecution on the ground that this part of the facts charged was not specified, which erred by misapprehending the legal doctrine and mistake of fact.

B. The sentence that the court below sentenced against the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of 80 hours) is too uncomfortable and unfair.

2. Determination

A. Examining the part of the facts charged by the lower court that rejected the prosecution by misapprehending the legal doctrine, the lower court specified this part of the facts charged for the reasons indicated in its reasoning.

Therefore, it is reasonable to dismiss this part of a public prosecution by deeming that the procedure of public prosecution constitutes a case where it is null and void in violation of the provisions of law. There is an error of misunderstanding of facts and misunderstanding of legal principles alleged by

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

B. It is also necessary to strictly punish the Defendant in light of the fact that the Defendant was subject to criminal punishment for the same kind of crime, and immediately moved the place of sexual traffic without being subject to criminal punishment, and that there is a high possibility of criticism by lowering the instant crime.

However, considering the following factors: (a) the Defendant has no record of criminal punishment of suspension of qualifications or heavier punishment; (b) the period of the instant crime is relatively short; and (c) the Defendant’s age, sex, environment, the background of the instant crime, and the circumstances before and after the instant crime, etc., the sentence imposed by the lower court against the Defendant is too excessive.