2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the judgment of the first instance court is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of all the reasons for sentencing stated by the lower court in accordance with the foregoing legal doctrine, it is not recognized that the lower court’s sentencing was too unfasible and goes beyond the reasonable scope of discretion, and there is no change in circumstances, and thus, the prosecutor’s improper assertion of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.