The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: six months of imprisonment, two years of suspended sentence, 80 hours of community service order, Defendant B: fine of four million won) is too unfluent and unfair.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the judgment of 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 it. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the judgment of the first instance court on the sole ground of the difference between the opinion of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following factors: (a) the first instance court’s sentencing conditions are not changed since new materials for sentencing are not submitted in the trial of the first instance; (b) there is no change in the conditions of sentencing compared with the judgment of the lower court on the ground that the sentencing of the first instance court is too unfilled and exceeds the reasonable scope of discretion.

It does not appear.

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