The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and 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). The fact that the Defendant was punished for a same crime, and that the Defendant committed the instant crime during the period of probation is disadvantageous.

However, there are favorable circumstances such as the fact that the defendant recognized and reflected the crime, the degree of participation in the crime, and the fact that the illegal profits acquired by the defendant are relatively insignificant.

The lower court appears to have determined the sentence in light of all the above circumstances, and there is no change in the special sentencing conditions compared with the lower court on the ground that new sentencing materials have not been submitted in the first instance trial.

In addition, when considering various circumstances, such as the defendant's age, sexual conduct, motive, method, and background of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That pursuant to Article 25 of the Rules on Criminal Procedure, the "Defendant A" of the original judgment is corrected to "Defendant A" ex officio.