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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service) imposed by the court below against the defendant is too unfasible.
2. It is recognized that the judgment is based on the following facts: the Defendant’s damage caused by the instant crime is a significant scale; the Defendant is unable to reach an agreement with the victim until the Defendant was in the trial.
On the other hand, however, considering the fact that the defendant recognized the crime of this case, the circumstance that the prosecutor pointed out by the prosecutor seems to have determined the punishment by imposing community service order after considering all of the court below, and considering all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime, it is difficult for the court below to find that the sentence imposed by the defendant is too uneasible and unfair.
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.