The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and one hundred and twenty hours of community service) declared by the court below is deemed to be too uneasy and unfair.

2. In light of the contents, circumstances, etc. of each of the instant crimes, the crime committed on July 8, 2014 during the suspension period of the execution of the crime under the Game Industry Promotion Act, and thereafter, the Defendant, who was punished by a fine for larceny, etc., committed the same kind of crime again on April 16, 2016, and still did not recover from damage, requires strict liability against the Defendant.

However, considering the following factors: (a) the Defendant’s mistake is recognized and against the Defendant; (b) the extent of damage is relatively excessive; (c) the Defendant appears to have committed a crime committed in short of the living standard; (d) there is no record of criminal punishment heavier than suspended sentence due to the same kind of crime; and (e) other various conditions of sentencing as shown in the oral argument, including the Defendant’s age, character and conduct and environment, and circumstances after the crime; and (e) the scope of recommended sentences (one to one year and six months) according to the sentencing guidelines of the Sentencing Committee of the Supreme Court, the sentence imposed by the lower court cannot

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.