The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, protection observation, community service order 120 hours, and 40 hours of lecture for compliance driving) against the Defendant based on the gist of the prosecutor’s appeal is unreasonable as it is too unfasible.

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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the sentencing materials against the Defendant were not newly submitted in the first instance trial, on the other hand, while the sentencing materials that are favorable to the Defendant, such as a medical certificate, were additionally submitted.

In full view of the factors revealed in the proceedings of the instant case’s sentencing, the lower court’s sentencing exceeded the reasonable scope of discretion because it is too unhutiled.

It does not appear.

Therefore, the prosecutor's improper argument of sentencing 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.