The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.

2. The lower court rendered the said sentence by taking account of the circumstances favorable to the Defendant, such as the fact that the instant crime was committed under the unfavorable circumstances that the nature of the crime was not somewhat weak in light of the background, method, etc., the Defendant appears to have led to the confession and reflect of the crime, and that the Defendant did not have any criminal record more than the suspension of qualification.

In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, health, circumstances leading to the commission of the crime, means and result, scale of the crime, and circumstances after the crime, other than the circumstances considered as above, the lower court’s sentence appears to be appropriate and the lower court’s sentencing 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, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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.