The prosecutor's appeal is dismissed.

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The lower court rendered the above sentence by taking into account the circumstances favorable to the Defendant’s access media used in the phishing crime, taking into account the fact that the damage was incurred due to the use in the phishing crime, taking into account the fact that the Defendant’s access media was one-time crime, did not obtain any particular consideration due to the crime, the recognition of the crime was against the mistake, there was no history of criminal punishment, and the Defendant was the age of majority.

In full view of the circumstances that take into account the unfavorable circumstances as above, the Defendant’s age, sex, environment, background leading up to committing a crime, means and consequence, scale of crime and circumstances after committing a crime, etc., the lower court determined that the sentence imposed by the Defendant was appropriate, and that the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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.