The prosecutor's appeal is dismissed.

1. The punishment of the court of first instance (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of social service) against the accused in the summary of the grounds for appeal is too uncomfortable and unfair;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The sentencing of the first instance judgment, which rendered a relatively minor sentence against the Defendant, was fundamentally erroneous in light of the following: (a) the content and background of the crime; (b) the total amount of damage; and (c) the degree of recovery from damage; and (d) the Defendant has no criminal record, except for the Defendant who was sentenced twice a fine for the last 20 years.

It is difficult to view that the assessment of sentencing conditions has reached the degree of confluence.

In light of the following: (a) there is no change in the conditions of sentencing compared with the first instance court because new sentencing materials have not been submitted in the trial; and (b) the background and result of the instant crime; (c) the Defendant’s age, character and conduct; and (d) various conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the crime was committed; and (d) the Defendant’s age, character and conduct; and (e)

3. Since the appeal by the public prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.