The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial. In full view of all of the reasons for sentencing as indicated in the records and arguments in the instant case, the lower court’s sentencing is too unfluent and so it cannot be deemed that it exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since the "proviso of Article 42" in Part 3 of the judgment of the court below is a clerical error, it shall be corrected to delete it.