The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, 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 in the grounds of appeal, including the fact that the defendant caused a traffic accident in violation of the signal during drinking and the fact that the defendant did not agree with the victim, are all the circumstances that the court below has already considered or was present in the court below's decision in determining punishment.

In addition, even if the court below's determination of sentencing exceeded the reasonable scope of discretion, considering all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, motive and background of the crime of this case, and circumstances before and after the crime of this case.

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 on the grounds that the prosecutor's appeal of this case is without merit. It is so decided as per Disposition.