The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.

The circumstances alleged by the prosecutor on the grounds of appeal ( majority of the same type punishment force, repeated crimes of the same kind, etc.) appears to have been considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, living conditions (beneficiary of basic living), health conditions (proof of alcohol), background leading to the instant crime, and circumstances after the commission of the crime, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too uneasible.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.