The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

As to the instant case, there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the health department and the trial court, and the grounds for unfair sentencing alleged by the prosecutor are deemed to have been the circumstances that have already been fully considered in the lower court in determining the punishment, and considering all the sentencing conditions stated in the instant pleadings, including the Defendant’s age, character and behavior, environment, criminal record, the developments and motives leading to the instant crime, and the circumstances before and after the instant crime, it is difficult for the lower court to have exceeded the reasonable scope of discretion, and thus, the prosecutor’s assertion is groundless

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.