The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year of imprisonment, two years of suspended execution, two years of community service order, two hundred hours of seizure, and confiscation) is too unhued and unreasonable.

2. The instant crime is that the Defendant, who operated the gas station, obtained pecuniary profits by deceiving the customers by means of selling petroleum at a below the fixed quantity after altering measuring instruments, and such act is considerably heavy in the nature of the relevant crime and the crime in that the Defendant, who caused the damage to the distribution order of petroleum products by damaging the trust of the customers of the gas station and destroying the distribution order of petroleum products.

However, considering the fact that the defendant reflects his mistake, the amount of profit that the defendant earned by the crime of this case is relatively much more than 7.4 million won, and the period of the crime is not more than 9 days, the defendant has no record of punishment above the same kind of crime and suspended execution, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character, conduct, family environment, motive, means, method, and consequence of the crime of this case, and the circumstances before and after the crime, etc., the court below's punishment cannot be deemed unfair, and thus the prosecutor's assertion cannot be accepted.

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