The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. If 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, the appellate court shall respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this point of view, the lower court determined a sentence against the Defendant by comprehensively taking into account various favorable or unfavorable circumstances, such as the reason for sentencing, as indicated in the judgment, and there is no evidence to acknowledge that there was a change in circumstances that could change the sentence of the lower court after the sentence of the lower judgment.

In addition, even if examining the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the court below is deemed to have exceeded the reasonable scope of discretion, and thus, the prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that it is not reasonable, and ex officio under Article 25 of the Regulation on Criminal Procedure, and the part of the criminal facts [criminal records] in the decision of the court below (section 2, 5, and 12) shall be deleted and corrected.