The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) of the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of probation and order to attend a course) is too uneasable and unreasonable.

Judgment

It is reasonable to respect the sentencing of the first instance court in cases 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing, the lower court determined by comprehensively taking account of the circumstances favorable to the Defendant and the unfavorable circumstances, and the lower court cannot be deemed to have any special circumstances or changes in circumstances that may change the sentence of the lower court.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, various conditions of sentencing indicated in the record, such as the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.