The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, one year of probation, and 120 hours of community service order) of the lower court is deemed to be too uneasy and unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As a result, there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted in the trial, and in full view of all the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unfluent, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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 ground that it is without merit. It is so decided as per Disposition.