Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service work hours for not less than 120 hours) of the lower court is deemed to be too uneasible and unfair.
2. In light of the motive, means, and consequence of the instant crime, the circumstances after the instant crime, the fact that the victim pays a small amount of damage to the victim in the lower court and the trial court, and the conditions of various sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, and criminal records, the lower court’s sentence against the Defendant is too unjustifiable, and thus, 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 as it is without merit. It is so decided as per Disposition.