The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts, the court below erred by misapprehending the facts, thereby finding the guilty of this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (the 1.5 million won of a fine) is too unhued and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below rendered a not guilty verdict on this part of the facts charged on the grounds as stated in its reasoning, and the court below was justified in its measures and did not err in matters of mistake of facts when examining the evidence adopted

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

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in sentencing conditions compared with the lower court. In full view of the following, the lower court’s punishment is deemed unreasonable because it is too unreasonable in light of the following: (a) the Defendant’s age and happiness environment; (b) relationship with the victim; (c) the course and details of the instant crime; and (d) the circumstances after the instant crime, etc., and all the sentencing

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless