The prosecutor's appeal is dismissed.

1. The lower court’s sentence (the suspended sentence of a fine of KRW 500,00) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by taking account of the fact that the Defendant was the first offender and the circumstances leading to the instant crime, etc., and suspended the sentence.

In addition to the above sentencing conditions, even if comprehensively considering the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial. Therefore, it is difficult to see that the lower court’s punishment is unfair because it is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

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