The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (six months of imprisonment and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively 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 instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the above sentence to the Defendant by taking into account the following favorable circumstances: (a) under the circumstances unfavorable to the victim’s considerable mental impulse, such as the fact that the victim appears to have obtained considerable mental shock; (b) the damage was not recovered; (c) the Defendant’s mistake was against the Defendant; (d) the Defendant’s act was committed with a fluence; and (e) the primary offender was the first offender; and (e) there was no special circumstance or change of circumstances that may be considered in the sentencing newly in the trial; and (e) taking into account all the sentencing factors indicated in the records and pleadings of the instant case, such as the Defendant’s age, character and conduct, family relations, motive

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