The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. It is reasonable to respect the sentencing conditions compared to the first instance court, in a case where there is no change in the conditions of sentencing compared with the judgment, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the records and arguments, the following factors are considered: (a) there is no change in circumstances that may consider the sentencing after the lower court’s judgment; (b) there is no change in circumstances likely to take into account the previous crime of violation of traffic law (dacting driving) and considerable interval between the Defendant and the instant crime; and (c) even if considering the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment is too uneasible and unreasonable.

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.