The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months and the suspension of execution of two years) is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance 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, on the grounds stated in its reasoning, sentenced the Defendant to the said sentence.

All of the circumstances pointed out by the prosecutor in the grounds of appeal, including the fact that the amount of damage, the amount of damage, and the fact that the defendant denies the crime of this case, are the circumstances already considered by the court below or are present at the court below in determining the punishment.

In addition, even if examining all the conditions of sentencing specified in the argument of the instant case, including the background of the instant crime and the circumstances before and after the instant crime, the determination of the lower court exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.