The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (2 million won in penalty) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). The lower court determined the sentence of the lower court in consideration of the motive and background of the instant crime, and the content and degree of interference with business.

There is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted at the trial court. In full view of the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing as shown in the trial process, the lower court’s sentencing is too unhued and thus, is not recognized to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is not accepted.

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.