The prosecutor's appeal is dismissed.

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (the suspended sentence of KRW 2 million) is too uneasy and unreasonable.

2. The circumstances that endeavored to recover from damage are not visible, and the fact that the victim did not agree with the victim is disadvantageous to the defendant.

However, at the time of the Defendant’s act of violating the Copyright Act, the first instance court rendered a judgment of not guilty on the ground that the Defendant’s act was revoked on the ground that: (a) at the time of the Defendant’s act of infringement of the Copyright Act, E claimed as the copyright holder of the instant video work; (b) thereafter, D, the representative of E, completed the registration of copyright for the instant video work; (c) C filed an application for provisional injunction of manufacturing and marketing prevention against the said company with Seoul Western District Court; (d) there was insufficient vindication that I was the copyright holder of the instant video work; and (e) the said provisional injunction was revoked and confirmed as dismissing C’s application; and (e) in the case of violation of the Copyright Act by the Seoul Western District Court of Seoul Western District, the first instance court rendered a judgment of not guilty on the ground that I cannot be deemed as the copyright holder of the instant video work.

In addition to these circumstances, considering the fact that the Defendant was sentenced to a fine in violation of the Road Traffic Act in 1987, there is no history of crime, the Defendant’s health condition is not good, and other various factors prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc. as indicated in the records and arguments of this case, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

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.