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. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the judgment of the first instance court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In full view of all the factors indicated by the lower court in light of the aforementioned legal principles, it is not recognized that the lower court’s sentencing is too unfilled and goes beyond the reasonable scope of discretion, and there is no change in circumstances, and thus, the prosecutor’s improper assertion of sentencing is without merit.

3. In conclusion, as the prosecutor’s appeal is clearly without merit, it shall be dismissed without pleading pursuant to Article 364(5) of the Criminal Procedure Act, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 200Da36442, Dec. 24, 2015; Supreme Court Decision 2009Da3644, Dec. 24, 2015).