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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 imprisonment (six months of imprisonment, two years of suspended execution, and two years of probation) is too unhued and unreasonable;
2. Determination
A. It is recognized that the Defendant did not agree with the victim and did not recover from damage, and the Defendant had the same criminal records.
B. However, in full view of the following circumstances, the lower court’s sentence is too unjustifiable and unreasonable, taking into account the following circumstances: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the family members to support; (c) the current health condition is not good; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime.
C. 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.