The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfased in the sentence (10 million won in penalty) declared by the court below.

2. The lower court rendered the above sentence in consideration of the circumstances favorable to the Defendant’s failure to commit the instant crime even during the period of suspension of execution, and the fact that the Defendant committed the instant crime, which is disadvantageous to the fact that there are many punishment records for the same kind of crime, and that it is against the time to commit the instant crime, and that the Defendant’s retirement from the cargo transportation business in the future from the cargo transportation business would no longer repeat again.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

3. In conclusion, 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.