The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In a case 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Although the Defendant was subject to criminal punishment of a fine due to a crime of interference with the performance of official duties in around 2008, the Defendant has no particular criminal record except for it, and has to undergo a medical treatment for alcohol and not re-offending.

The circumstances alleged by the prosecutor on the grounds of appeal appear to have been already considered in the sentencing process of the lower court, and in the trial of the first instance, the Defendant agreed with the victim of the fraudulent part due to the involuntary appearance.

In addition, when comprehensively taking into account the various sentencing conditions in the original judgment and the trial court, the sentence imposed by the lower court is beyond the reasonable scope of discretion, or it cannot be deemed unfair because it is too low.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.