2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted in the trial, there is no change in the conditions of sentencing compared with the judgment of the lower court, and the circumstances in which the prosecutor alleged the grounds for sentencing were already reflected in the sentencing grounds of the lower court, in light of the background and method of the crime, etc., although the nature of the crime is not good, the degree of the crime is not excessive, but the defendant shows the attitude of reflecting the recognition of the crime, the fact that the defendant was the first offender who has no record of committing any crime, and the defendant is an initial offender who has no record of committing any other crime, and the defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, it cannot be deemed too unreasonable beyond the reasonable scope of discretion.

Therefore, prosecutor's 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.