The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (ten months of imprisonment and two years of suspended execution) is deemed to be too untile and unfair.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, 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, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the background and method of the instant crime and the amount of fraud, etc., the criminal nature of the Defendant is not good.

However, it appears that the defendant did not have any particular benefit due to the crime of this case, and the fact that the defendant has no record of criminal punishment for the same kind of crime before the crime of this case is committed is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and the trial process, it does not seem that the sentence imposed by the lower court exceeded the reasonable scope of discretion or is too uneasible and unfair.

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.