The prosecutor's appeal is dismissed.

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There are unfavorable circumstances, such as the following: (a) the defendant, who has the record of multiple criminal punishment for the same kind of crime, does not know himself/herself during the period of suspension of execution for the same crime; (b) on the other hand, the defendant recognized the entire facts charged in this case; (c) the defendant agreed with the victim; (d) the degree of injury suffered by the victim by the crime in this case is not excessive; (e) there is no special change in circumstances that could change the sentence of the court below; and (e) there is no other reason to acknowledge that the prosecutor’s allegation that the court below’s punishment is too unfair and unreasonable.

3. In 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.