The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the sentencing is determined within a reasonable and appropriate scope, comprehensively taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto examination, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared to the first instance judgment, and the first instance sentencing does not deviate from the reasonable scope of the discretion. Even though the first instance sentencing falls within the reasonable scope of the discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference between the appellate court’s opinion and the appellate court’s decision is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In this case, the prosecutor did not submit new materials regarding the sentencing at the lower court’s trial, and the Defendant did not have any criminal punishment exceeding a fine, and the amount of damage to property appears to be insignificant, and the circumstances and circumstances of the Defendant’s health, etc.

Therefore, the prosecutor's assertion is without merit.

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