The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). In full view of the circumstances indicated in the records and arguments in the instant case, including the fact that there is no change in the conditions of sentencing compared with the lower court’s failure to submit new materials for sentencing in the trial, and that there is no criminal defendant who has been punished for the same kind of case, the lower court’s sentencing is too uneasy and thus, is deemed to have exceeded the reasonable scope of discretion.

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.