The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court with respect to the determination of sentencing. As such, in a case where 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,

(2) In light of the aforementioned legal principles, the Defendant’s payment of KRW 10,00,00 to the victim of the instant case (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, the health team of the instant case and the circumstances alleged by the Prosecutor on the grounds of unfair sentencing are deemed to have been reflected in the lower court’s grounds for sentencing. While a new sentencing data was not submitted from a prosecutor at the trial, the Defendant did not recognize and reflect the instant crime at the trial. On the other hand, in the relevant civil case (Seoul District Court Decision 2018DaDa74477, Jincheon District Court Decision 200,00, and the Defendant paid KRW 2,000 to the victim following the said conciliation, the Defendant’s age, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too excessive to exceed the bounds of discretion.

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. It is so decided as per Disposition.