The prosecutor's appeal is dismissed.

1. In light of the substance of the grounds for appeal of this case’s crime, the lower court’s punishment (one year, two months of imprisonment, and two years of suspended execution) is deemed unhurd and unfair.

2. In the criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and in full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing was unscheduled and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

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.