The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two years of suspended execution in six months of imprisonment, and one hundred and twenty hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. Determination is a condition for sentencing unfavorable to the Defendant, such as the fact that the Defendant, who acquired the goods worth KRW 26 million from the injured party, is not less liable for the Defendant, and that the Defendant was unable to agree with the victim or to recover the damage from the fact that the considerable period of time has elapsed from the commission of the crime to the trial.

However, in full view of the following circumstances: (a) the Defendant is both aware of the instant crime; (b) the Defendant has no record of being punished for the same crime before the instant crime was committed; (c) the Defendant has no record of being punished in excess of a fine; (d) the crime of this case is committed with respect to which the first head of the first crime as indicated in the judgment of the lower court has become final and conclusive, and the crime of this case ought to take into account the equity between the case and the case to be judged at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act; and and (e) other circumstances, such as the Defendant’s age, sexual behavior, environment, family relationship, etc., which are the conditions for sentencing as indicated in the instant case

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 prosecutor's appeal is without merit. It is so decided as per Disposition.