The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended sentence, two years of probation, community service order, 160 hours of community service order, 40 hours of order to attend a compliance driving lecture) is too uneased and unreasonable;

2. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, and the fact that the sentencing of the first instance court does not change in the conditions for sentencing compared with 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 it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on the grounds that it is somewhat different from

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following, there is no change in the sentencing conditions compared with the original judgment as the materials for new sentencing have not been submitted in the trial and the sentencing grounds revealed in the process of the argument in this case, it does not seem that the lower court’s sentencing is too unfilled and so it exceeded the reasonable scope of discretion.

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

(However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below shall be corrected by adding "1. Concurrent Crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act" to the next sentence of Article 16 of the Criminal Procedure Act.