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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment) is unreasonable because it is too unfasible.
2. In light of the judgment, the fact that the defendant had been punished for the same kind of crime two times is the reason for the unfavorable sentencing, and the fact that the defendant led to the confession of the crime is the favorable reason for the sentencing.
The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this 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 appeal is without merit. It is so decided as per Disposition.