The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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). It is highly necessary to punish the Defendant, inasmuch as the Defendant has a large number of records of being punished for the same kind of crime and the instant crime was committed during the period of suspension of execution for the same kind of crime, it is excessive to punish the Defendant

However, in the event that the defendant has to care for two children alone, it cannot be deemed that the sentence of the court below is exceeded the reasonable scope of discretion, or is unfair because it is too unreasonable, in full view of the favorable circumstances, such as the fact that the defendant has caused a crime to maintain a livelihood, the fact that the defendant closes his/her place of business and does not repeat the crime again, and other conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc. as shown in the court below and the trial proceedings at the court below.

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.