The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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 (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.

The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age, relationship with the victim, motive for the crime, criminal history, family relationship, health status, etc., the sentence imposed by the lower court cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too low.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.