The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment) is too unhutiled and unfair.

2. There is no change in the terms and conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.

It does not appear.

The prosecutor's ground of appeal is without merit.

On December 22, 2016, the Defendant’s defense counsel submitted to the trial court on December 22, 2016, submitted a written reply and a written request for reversal of authority, the Defendant failed to submit a petition of appeal disputing unfair sentencing of the lower court, but the lower court’s sentencing is too large, and thus, stated the purport of seeking ex officio a sentence more minor than the lower court’s sentencing.

However, in full view of the factors revealed in the argument of the instant case, the sentencing of the lower court is too heavy.

3. The appeal by the prosecutor of the 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.