The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for eight months and two years of suspended execution) is too unhued and unfair.

2. The 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 sentencing of the first instance court is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Comprehensively taking account of all the various circumstances that form the conditions for sentencing specified in the records and arguments in this case, the sentencing of the lower judgment does not seem to have been too minor beyond the scope of reasonable discretion, and there is no new special circumstance or change in circumstances that may be reflected in the sentencing of the Defendant after the lower judgment was sentenced.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.