The prosecutor's appeal is dismissed.

The decision of the court below on the gist of the grounds for appeal (five years of imprisonment) is unreasonable.

Judgment

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (Supreme Court Decision 2015Do3260 Decided July 23, 2015) by destroying the first instance judgment on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, it is somewhat different from the appellate court’s view (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing between the lower court and the first instance court, and as a result, there was no change in the conditions of sentencing, and even if the Defendant did not commit a planned crime, considering the favorable circumstances, such as the Defendant’s mistake, and the Defendant’s age, environment, environment, motive, means, and consequence, etc.

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 groundless.