The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended execution) is too unfased and unfair.

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 comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

The circumstances alleged by the prosecutor on the grounds of appeal (such as denial of crime, lack of amount of damage, and failure to recover damage) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively taking into account the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation of the court below and the party concerned, the sentence of the court below is excessive beyond the reasonable scope of discretion and it cannot be deemed unfair.

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.