The prosecutor's appeal is dismissed.

1. Sentencing sentencing on the gist of reasons for appeal

2. The appellate court’s judgment is reasonable to respect the first-class sentencing judgment in a case where there is no change in the conditions of sentencing compared to the first-class judgment, and the first-class sentencing does not deviate from the reasonable scope of discretion.

As the prosecutor asserts on the grounds of appeal, the same criminal records are several times for the defendant, and the recidivism during the period of probation is disadvantageous, but these circumstances are already considered as factors to be considered in the original trial, and the sentencing conditions mentioned above have been significantly changed in the original trial.

It is difficult to see it.

In addition, the lower court, after faithfully conducting the deliberation of sentencing through the investigation before the judgment, determined the sentence for the Defendant on account of the fact that the sentencing in the judgment was determined, and in light of the fact that the above sentencing was determined, it cannot be deemed that the lower court’s sentence was too unjustifiable and unfair.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.