The prosecutor's appeal is dismissed.

1. The sentence of the lower court (four months of imprisonment) to the point of the reasons for appeal is deemed to be too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing factors, such as the fact that the money acquired is not a large amount of money, the damage is recovered or not agreed with the victim, the fact that the mistake is divided and reflected, and the fact that there is no record of punishment for the same crime.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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