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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in eight months of imprisonment) is too unhued and unfair.
2. In full view of the following circumstances: (a) the Defendant is against the instant crime; (b) the Defendant’s insurance money received from the victim Samsung F&M fully repaid the Defendant a loan to the victim Hyundai Capital; (c) the Defendant has no criminal power to impose any criminal punishment; and (d) there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and (b) other circumstances that form the conditions for the instant pleadings and the sentencing specified in the records, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime; and (c) the Prosecutor’s assertion is not acceptable since the Defendant’
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.