The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.

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 court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

When comprehensively taking into account such circumstances, the Defendant’s age, background of the crime, amount of damage (19 million won), previous convictions, and the scope of the recommended punishment according to the sentencing guidelines (6 months to June 1), as indicated in the arguments of the lower court and the deliberation of the lower court, and the scope of the recommended punishment according to the sentencing guidelines, such as the sentencing conditions, including the Defendant’s age, amount of damage (19 million won), and previous convictions (i.e., the first offense), it cannot be deemed that the sentence

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.