The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, and the community service work hours of 270 hours) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of first instance after the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched in the hearing of the court below, and there was no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized the crime of this case and has depthed, there is no record of punishment exceeding the punishment imposed for the same kind of crime and fine, economic situation is not good, and all the sentencing conditions of the defendant's age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, as well as the circumstances after the crime, etc. are considered as a whole, and thus, it cannot be deemed unfair since the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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.