The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unhued and unfair.

2. Where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court 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). Comprehensively considering the circumstances in the judgment, the lower court determined the Defendant’s punishment, and the circumstances the prosecutor asserts on the grounds of appeal are deemed to have been already considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering the above circumstances, the amount of damage in the instant case, the Defendant’s health condition, etc. as shown in the deliberation of the lower court and the lower court, the sentence imposed by the lower court is exceeded the reasonable scope of discretion, or is deemed unfair because it is too unhued.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.