The prosecutor's appeal is dismissed.

1. The sentence of the court below (two years of imprisonment with prison labor for one year) is too unfeasible and unfair in light of the fact that the defendant has the same power and does not recover from damage, etc.

2. Determination on the grounds for appeal

A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The circumstances alleged by the prosecutor as an element of sentencing unfavorable to the defendant in the grounds of appeal are deemed to have already been fully considered in the original court’s determination of the sentence, and no new sentencing data to change the original court’s sentence has been submitted in the first instance court. In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unjustifiable.

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