The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (three months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is too unhued and unreasonable.

2. Where there is no change in the conditions of sentencing compared to 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 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.

When comprehensively considering the sentencing conditions, such as the character, conduct, motive, health condition, and family relationship of the defendant as shown in the deliberation by the court below and the party concerned, the sentence of the court below shall not be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unhued.

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.