The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (for four months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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 repeatedly determined a sentence against the Defendant in consideration of the fact that the Defendant is against the nature of the crime, and that there is no criminal record exceeding the fine between the past 15 years, etc.

In addition to the above sentencing conditions, even if comprehensive consideration of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion. There is no change in special circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial. Therefore, it is difficult to view that the lower court’s punishment is unfair because it is too uneasible

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.