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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the lower court (two months of imprisonment, two years of suspended execution, community service, and law-abiding lecture) is too uneasy and unfair.
Judgment
The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the prosecutor as the grounds for appeal, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the part of "" at around 19:40 on May 13, 2018 is changed to " around 19:40 on May 13, 2018," among the criminal facts of the lower judgment.