The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. In a case where 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances, and the circumstances the Prosecutor claims as the grounds for appeal and seems to have been already reflected in the lower court’s sentencing

There is no special change in circumstances that may change the punishment of the court below in the trial.

In light of the Defendant’s age, occupation, character and conduct, environment, family relationship, health status, criminal records (and no other criminal records have been imposed once a fine), and the contents thereof, the attitude and nature of the offense in an investigative agency and court, motive, means and consequence of the offense, circumstances after the offense, etc., as well as various circumstances (which are being endeavored to recover additional damage, and are all being able to make a full repayment even after the occurrence of the following) that are the conditions for the sentencing specified in the lower court and the political party hearing, it cannot be said that the lower court’s punishment against the Defendant is unreasonable because it goes beyond the reasonable scope of its discretion.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.