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. It is reasonable to respect the sentencing of the Defendant in cases where there is no change in the conditions of sentencing compared with the judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the judgment of the first instance court on the sole ground of the difference between the views of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is reasonable to respect the sentencing of the lower court on the grounds that there is no change in the conditions of sentencing in light of the overall circumstances regarding the sentencing of the Defendant, including the fact that the Defendant is led to confession and against the Defendant, and there is no change in the conditions of sentencing when compared with the judgment of the lower court on the grounds that there is no reason to newly consider in the trial.

Therefore, the prosecutor's improper argument of sentencing cannot be accepted.

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.