The prosecutor's appeal is dismissed.

1. The determination of the summary of the grounds for appeal (e.g., a fine of five million won) is unreasonable;

2. It is true that the sentence imposed by the court below is lower than the recommended range (at least six months of imprisonment) under the attached sentencing guidelines.

However, the court below imposed punishment by taking account of the accused's reflectness, fine and criminal records without criminal records.

There is no change in the sentencing conditions in the appellate court.

The determination of the original judgment cannot be respected.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors and other factors of sentencing as set forth in the sentencing guidelines, the determination of the original sentence does not seem to be unreasonable, even if the court re-examines the sentencing factors and other factors of sentencing set forth in the sentencing guidelines.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.