The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court sentenced the above punishment by taking into account the favorable circumstances, such as the circumstance and consequence of the instant crime, considering the fact that the quality of the crime was not less light, the Defendant was the first offender, the confession and reflect of all the instant crimes, and the Defendant deposited 4 million won against the victim, etc.

In full view of the circumstances taken into account by the lower court and all other conditions of sentencing, such as the Defendant’s age, sex, environment, background and consequence of the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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.