The prosecutor's appeal is dismissed.

1. The sentence (12 million won) declared by the lower court on the gist of the grounds of appeal is too unfased and unreasonable.

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 full view of the circumstances that the Defendant committed a crime of the same kind and two times before the same offense, such as the fact that the Defendant committed a second offense, the fact that the Defendant did not have any record of the crime exceeding the fine, the circumstances favorable to the record and the fact that the previous criminal offense was committed before five years and six months, and all other circumstances constituting the conditions of sentencing as shown in the pleading, it cannot be deemed that the lower court’s punishment is unfair by exceeding the reasonable scope of discretion.

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