The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a punishment of eight months of imprisonment, two years of suspended sentence, fine of seven hundred and twenty million won, and a community service order of 120 hours) is deemed unreasonable.

2. The case where the sentence of the lower judgment is too heavy or too minor in light of the substance of the specific case.

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, if 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in detail in the grounds for the sentencing, has determined a punishment by fully taking into account the overall circumstances regarding the sentencing of the Defendant as stated in the detailed reasoning for the sentencing, and within a reasonable scope.

Since there is no circumstance that can be newly considered in the case of the party, the sentence of the court below is too unfilled and it does not seem unfair.

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.

However, the judgment of the court below 3-5 of "Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act" is clearly erroneous in the part of Article 37, Article 38 (1) 2, 3, and Article 50 of the Criminal Act, and Article 62 (1) of the Criminal Act, "Article 62 (9) of the Criminal Act" of the 9th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 7th 7th 7th 6th 6th 62 of the Criminal Act. Thus, it is clear that