The prosecutor's appeal is dismissed.

1. The decision of the court below against the defendant on the summary of the grounds for appeal (the imprisonment of 10 months and the suspended sentence of 2 years) is too unhued and unfair.

2. In cases where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to the said sentence.

All circumstances pointed out by the prosecutor on the grounds of appeal, such as the following: the Defendant’s criminal history, the amount of damage, the recovery of damage, and the recognition of criminal facts, are all the circumstances already considered in the court below’s decision of punishment, or are presented at the court below.

In addition, even if examining various conditions of sentencing as shown in the argument of the instant case, such as the Defendant’s health status, means of crime, and circumstances after crime, the judgment of the lower court exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, prosecutor's assertion is without merit.

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