The prosecutor's appeal is dismissed.

1. In light of the fact that the Defendant committed the instant crime during the period of suspension of execution and records of the same criminal act as the Defendant, the lower court’s sentence (three million won of fine) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the following factors were considered: (a) the reasons for sentencing alleged by a prosecutor were all considered at the lower court; and (b) there was no particular change in the sentencing conditions compared to the lower court; and (c) comprehensively taking account of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too uncompared so that it exceeded the reasonable scope of discretion.

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

[However, pursuant to Article 25 of the Rules on Criminal Procedure, the term "ad hoc penalty" in the first sentence of the judgment of the court below ex officio shall be corrected to "a fine"]