Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment and two years of suspended execution in one year and six months, and 80 hours of community service order) of the lower court is deemed to be too uneasible and unfair.
2. The crime of this case is an unfavorable circumstance to the defendant, in light of the method of the crime, the degree of harm, etc., and the fact that the defendant did not make any effort to recover damage.
On the other hand, the fact that the defendant has led to the crime, and there are no other criminal records, etc. are favorable to the defendant.
In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.