The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence on the assertion of unfair sentencing (two years of suspended sentence for one year of imprisonment) is too unhued and unreasonable.

B. It is necessary to issue an attachment order to the Defendant and the respondent for the attachment order (hereinafter “defendants”) on the ground that the rejection of the attachment order is unfair.

The lower court dismissed a request for an attachment order on the grounds that the suspension of the execution of a sentence was pronounced, but it is unreasonable to issue an attachment order pursuant to Article 28(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), even if the suspension of the execution of a sentence is imposed.

2. Determination

A. In a case where there is no change in the sentencing conditions compared to the part of the defendant case, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect this.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). No new sentencing data is submitted to the Defendant, and there is no particular change in the sentencing conditions compared with the original judgment.

The court below seems to have taken into account all the circumstances asserted by the prosecutor as grounds for appeal in determining the sentence against the defendant.

In full view of the various sentencing conditions shown in the records and pleadings, the lower court’s sentence against the Defendant exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

B. The lower court imposed a probation order on the Defendant on the ground that he/she committed a crime subject to imprisonment without prison labor or a heavier punishment and was in danger of recidivism, as a person who has a habit of drinking alcohol during the suspension of execution of a sentence.

When a court declares the suspension of execution with respect to a specific crime case, it shall dismiss the request for attachment order.

(Article 9(4)4 of the Electronic Monitoring Act: Provided, That the sentence shall be executed for a specific criminal offender.