The prosecutor's appeal is dismissed.

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) is too unfluent and unreasonable.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Circumstances asserted by a prosecutor in the trial of the lower court appear to have been subject to the sentencing that is already revealed in the course of the trial of the sentencing of the lower court, and the judgment of the lower court, based thereon, exceeded the reasonable scope of the discretion of the lower court.

It is difficult to see the sentencing conditions, and there is no particular change in the conditions of sentencing in the trial. Therefore, it is reasonable to respect the sentencing of the court below.

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.