The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Sentencing;

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court.

In addition, in full view of all the circumstances indicated in the arguments and records of the instant case, including the details and contents of the instant crime, motive, means and consequence of the crime, degree of involvement, the amount of damage, the criminal records similar to the Defendant (violation 1 of the Electronic Financial Transactions Act, fine of one million won), the circumstances after the crime, the relationship between the Defendant and the victim, and the age, character and conduct, occupation, family relationship, economic circumstances, health conditions, etc., the sentencing of the lower court, which sentenced the Defendant for two years of suspended execution (including community service 40 hours) in August, is too unfford, and thus, is not recognized to have exceeded the reasonable scope of discretion.

3. Accordingly, the prosecutor’s appeal cannot be accepted, and the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.