The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

This case is an unfavorable condition to the defendant, such as the fact that the amount of damage exceeds 31 million won, the fact that there is no agreement with the victim, and the fact that there is the same kind of power.

However, the fact that the defendant seems to have made efforts to recover damage, that the defendant reflects the defendant, and that the last criminal records of the defendant are before 15 years, are favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relations, etc. as well as various conditions of sentencing as indicated in the pleadings and records, the lower court’s sentence cannot be deemed unreasonable because it goes beyond the scope of reasonable discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.