The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended execution, 80 hours of community service, 40 hours of law-abiding driving course) is too uneased and unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). In the instant case, there is no particular change in the sentencing conditions compared to the lower court’s judgment. In full view of all the factors indicated in the arguments and records in the instant case, the lower court’s punishment is deemed as being too unfilled and exceeding the reasonable scope of discretion, and thus, it is not recognized that the lower court’s punishment exceeded the reasonable scope of discretion, in so doing, by taking account of the following factors: (a) the breach of trust and exercise of rights; (b) the circumstance and circumstances of a drunk driving; (c) the circumstances of a drunk driving; and (d) the degree of damage caused by the breach of trust and the exercise of rights (any part of the sold machinery was unable to be used by all, and (c) some of the sold machinery

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.