The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with labor for six months) of the lower court’s sentencing is unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, based on its stated reasoning, sentenced the aforementioned sentence to the Defendant on the grounds of sentencing. The lower court is reasonable to respect the sentencing of the lower court, in light of the following: (a) the circumstance unfavorable to the sentencing asserted by the prosecutor in the lower court is already determined by the sentence at the lower court, such as: (b) the fact that the Defendant has led to the confession of and reflect against the offense; (c) the fact that the Defendant has no criminal record; and (d) the victim and his family members have not want to be punished against the Defendant; (b) the lower court’s sentencing judgment is not deemed to have exceeded the reasonable scope of discretion; (c) there is no particular change in circumstances in the sentencing conditions in the trial; and (d) there is no need to find any change in circumstances in the sentencing conditions.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.