The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). (See Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant repeats the crime of this case during the period of the suspension of execution of the same kind of crime. However, while the defendant acknowledges all the facts charged in this case and reflects his fault in depth, the victims agreed to do so, and there was no sentence imposed on the defendant, and the defendant did not have any sentence imposed on the defendant. Upon the confirmation of sentence due to the crime of this case, the sentence of sentence imposed on the first head as stated in the judgment of the court below should be returned together to the punishment for which the suspension of the execution of sentence as stated in the judgment of the court below was invalidated, and the defendant's age, character and conduct, environment, etc., and the prosecutor's assertion is without merit.

3. Accordingly, 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.