The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below (the suspended sentence of imprisonment with labor for a period of eight months) is deemed to be too uneasy and unfair.

2. The Criminal Procedure Act of Korea, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area of the first-oriented trial with respect to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first-oriented trial, and the first-oriented sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the instant case is health class; the Defendant is both recognized and against the Defendant; the Defendant is both recognized and against the Defendant; the instant crime does not seem to have taken special benefits (it appears that no illegal benefits have been sought even in the motive of the crime), and there is no new special circumstance or change of circumstances that may reflect the sentencing after the pronouncement of the lower judgment; the Defendant’s age, gender, environment, motive and consequence of the crime; and the prosecutor’s assertion that the lower court exceeded the reasonable scope of discretion, and thus, does not seem to have exceeded the reasonable scope of discretion.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the part of the judgment below’s 10th of the 2nd of the 2nd of the 20th of the 2nd of the 2nd of the 20th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd