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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s punishment (two years of suspended sentence for one year of imprisonment, two years of probation, and community service order) against the accused against the summary of the grounds for appeal is too unfasible and unreasonable.
2. In light of the various circumstances unfavorable to the defendant, which the court below stated in the 6th sentence 3 to 8 of the judgment, the defendant should be punished strictly, but the defendant seems to have the time to reflect, while living in custody for about 5 months, and the defendant seems not to repeat again, and other circumstances that form the conditions for sentencing in the instant case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, are considered as being too uneasible and unfair. Thus, the prosecutor's allegation of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.
(However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, the “V” of the fourth 16th of the judgment of the court below is used as “F” and is corrected.