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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, and one hundred and sixty hours of community service order) of the lower court against the Defendant is deemed unreasonable.
2. The judgment that the defendant agreed with the victim or that the damage could not be recovered is unfavorable to the defendant; however, the defendant led to the confession of the crime of this case and reflects his mistake; the defendant has no criminal records exceeding the same kind and fine; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime; and the range of recommended sentences according to the sentencing guidelines established by the Supreme Court Sentencing Committee; and the range of recommended sentences under the sentencing guidelines established by the Supreme Court Sentencing Committee (less than KRW 100 million): The scope of recommended sentences: 6-1 year and 6 months (basic area). In full view of the possibility of probation, the prosecutor's assertion is without merit since the court below's suspended the execution of imprisonment with prison labor for the defendant in addition to the community service
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.