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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for six months of imprisonment, two years of community service order 120 hours, additional collection 12 million won) is too uneased and unreasonable.
2. According to the circumstances such as the long-term period of the Defendant’s business operation, the business profits thereby seems to be considerable, and the use of a high radio wave medium, such as requesting an advertisement on the Internet, the Defendant’s liability is not somewhat poor.
However, there are also circumstances that can be considered for the defendant, such as the commencement of all the crimes of this case, the fact that the defendant seems not to have gain all the sales amount, the commencement of all the crimes of this case, and the fact that the defendant is an initial offender who has no record of criminal punishment.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.
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.