The prosecutor's appeal is dismissed.

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the original judgment on the grounds that new sentencing materials have not been submitted in the trial, and the reasons for sentencing alleged by the prosecutor seem to be the circumstances that the lower court has already considered in determining the punishment.

In addition, in full view of all the grounds for sentencing as shown in the arguments in this case, including the Defendant’s age, character and conduct, environment, criminal records, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, the sentencing of the lower court cannot be said to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's 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.