The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) is too unhued and unreasonable;

2. It is reasonable to respect the prosecutor’s assertion that there is no change in the conditions of sentencing compared to the first instance court’s determination, and that the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances, and the circumstances the Prosecutor claims as the grounds for appeal and seems to have been already reflected in the lower court’s sentencing

There is no special change in circumstances that may change the punishment of the court below in the trial.

Considering the Defendant’s age, occupation, character and conduct, environment, family relationship, health status, criminal records and contents thereof, attitude in the investigation agency and court, nature of the crime, motive, means and consequence of the crime, circumstances after the crime, etc., various circumstances that form the conditions for sentencing as shown in the original judgment and the oral argument at the court below, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendant cannot be deemed to be too unreasonable as it goes beyond the reasonable scope of its discretion.

Therefore, prosecutor's assertion is without merit.

3. According to Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Determination of Application for Compensation, the victim may file an application for compensation “not later than the time the argument at the court of first instance or the court of second instance is closed.” An application for compensation filed by an applicant for compensation is unlawful as it was made on June 13, 2019, which was after June 11, 2019, the date the argument at the court

4. The prosecutor’s appeal of conclusion is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. Since the application for compensation by the applicant for compensation is unlawful, it is so decided as per Disposition by the court below under Article 32(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings