2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and

The circumstances asserted by the prosecutor on the grounds of appeal (the need to punish the act of lending electronic access media in order to eradicate the phishing crime) are deemed to have already been considered in the sentencing of the lower court.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively taking into account the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. revealed in the instant records and pleadings, the sentence of the lower court cannot be deemed to be unfair by exceeding the reasonable scope of discretion, as it is too unhued.

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.