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The prosecutor's appeal is dismissed.
Reasons
1. The sentencing of the lower court (three years of the suspended sentence of two years and six months) on the gist of the grounds of appeal is deemed unfair.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). There is no change in the conditions of sentencing compared to the judgment of the lower court on the grounds that new materials for sentencing have not been submitted in accordance with the aforementioned legal doctrine, and in full view of all the reasons for sentencing as stated by the lower court, it is not recognized that the sentencing of the lower court is too uneasible and so it exceeded the reasonable scope of discretion.
The grounds for appeal cannot be accepted.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.