The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (6 million won in penalty, 40 hours in order to complete a program) by the lower court is too unfluent and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There are unfavorable circumstances against the Defendant, including the fact that the nature of the crime of this case is not good, while the Defendant acknowledges and reflects all of the charges of this case, and the Defendant was sentenced to imprisonment of 15 years at the Gwangju High Court around 2004 and was serving in prison for more than 10 years at the time of the instant crime, and the victim appears to have already been released from prison in around 2015, while the victim appears to have served in prison in around 2015, the prosecutor’s assertion that the lower court’s punishment is unfair and reasonable.

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.