The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service hours of 80 hours) is too unfasible and unfair.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of appeal ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) It is recognized that there are many records of the Defendant’s punishment for the same kind

However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, and the defendant reflects the Defendant’s depth in the crime of this case, the amount of damage is less than the amount of damage, the victim does not want the punishment of the defendant, the defendant’s health status is not good, and other various sentencing conditions as shown in the records and arguments, such as the defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., are considered, and there is no undue punishment of the court below.

Therefore, prosecutor's assertion is not accepted.

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.