The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unfair.

2. Determination

A. In light of the fact that the sentencing is determined within a reasonable and appropriate scope, comprehensively taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto review nature, etc., it is reasonable to respect the sentencing in a case where there is no change in the conditions for sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the first instance judgment is within the reasonable scope of the discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference from the appellate court’s opinion is somewhat different from the appellate court’s opinion, and to refrain from imposing a sentence without any difference from the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In light of the fact that there is no change in the conditions for sentencing compared to the lower court’s new materials for sentencing in the health room and the lower court’s reasonable grounds for sentencing, including the lower court’s age before and after its final trial.

Therefore, the 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 grounds that the appeal is without merit. It is so decided as per Disposition.