The prosecutor's appeal is dismissed.

The court below's scope of judgment in this court is exempted from punishment for the crimes No. 1 as stated in the judgment below and sentenced 8 months to imprisonment for the crimes No. 2.

Since only the prosecutor appealed on the exemption from the above punishment, the part of the above imprisonment for eight months which the prosecutor and the defendant did not appeal is determined and excluded from the scope of the trial in this court.

2. The decision of the court below on the gist of the grounds of appeal (exemption from punishment) is unreasonable because it is too unfasible.

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the record of the instant case, the lower court’s sentencing is unfeasible, thereby exceeding the reasonable scope of discretion.

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