The prosecutor's appeal against the defendant is dismissed.

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, two years of protection observation) 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 lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

In addition, comprehensively taking into account the Defendant’s age, period of crime, the number of persons involved in the sale, degree of participation, balance of sentencing with accomplices, circumstances after the crime, family relationship, and criminal records and several conditions of sentencing indicated in the instant case and the theory of changes, the sentence imposed by the lower court shall not be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too uneasible.

3. Accordingly, 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.