The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., both forms of punishment) rendered by the lower court is too uneased and unreasonable.

2. The lower court rendered a judgment that exempted the Defendant from punishment, taking into account the circumstances stated in its reasoning.

On the other hand, if there is no change in the sentencing conditions compared with the original judgment, and the sentencing of the original judgment is not beyond the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the sentencing conditions compared with the lower court.

Even when considering the circumstances alleged by the prosecutor on the grounds of unfair sentencing, the lower court’s sentencing cannot be deemed as unreasonable because it goes beyond the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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.