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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.
2. In a case where there is no change in the conditions of 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following circumstances: (a) there is no change in circumstances that may consider the sentencing after the lower judgment; (b) there is no change in circumstances that may be considered in the sentencing; (c) the amount of the horse distributed by the Defendant in the market is less than the amount that the Defendant gains from the instant crime; and (d) the Defendant seems to have no record of punishment in the Republic of Korea; and (b) considering the various conditions of sentencing as indicated in the instant records and pleadings, such as the fact that there is no record of domestic punishment; and (c)
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.