The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials for sentencing have not been submitted at the trial court, and in full view of the various circumstances, which form the conditions of sentencing as shown in the lower court’s sentencing trial, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., it cannot be deemed that the lower court’s sentencing is too unreasonable and so it goes beyond the reasonable scope of discretion

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.