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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 (six months of imprisonment, two years of suspended sentence, two hours of community service, and 40 hours of lecture attendance order) is too unhued and unreasonable.
2. The facts that the judgment defendant has been punished for the same kind of crime are disadvantageous to the defendant.
Meanwhile, considering the favorable circumstances that the Defendant reflects the crime and has no record of punishment exceeding the fine, and the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex behavior, environment, and circumstances after the crime, it is difficult to view that the lower court’s punishment is too unfeasible and unfair.
Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.