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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended sentence, two hours of community service, and 40 hours of lecture attendance order) is too unhued and unreasonable.
2. It is an unfavorable circumstance that the defendant can have a record of punishment for the same crime.
On the other hand, considering the favorable circumstances that the defendant reflects the crime and has no record of punishment exceeding the fine, and the sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, environment, and circumstances after the crime, it is difficult to view that the court below's punishment is too unfeasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.