The prosecutor's appeal is dismissed.

1. The lower court’s sentence (6 months of imprisonment and 2 years of suspended execution) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is unreasonable as it is too uneasible.

2. The crime of this case is an unfavorable circumstance to the defendant in light of the legislative purpose of the Copyright Act, which intends to contribute to the improvement and development of related industries by protecting the rights of authors and promoting fair use of copyrighted works.

However, in light of the fact that the defendant made efforts to recover damage, such as deposit of KRW 2.5 million for the victim, and that there is no record of crime that exceeds the same kind of punishment or fine, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and result of the crime, etc., it is deemed that the sentence of the court below against the defendant is too uneasible and unfair. Thus, the prosecutor's improper assertion of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 136(1) of the Copyright Act on the ground that it is obvious that the “Article 136(1) of the same Act and the choice of punishment against the crime of 1.” among the application of the law of the court below was omitted, and thus, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.