The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence (a fine of 5 million won, 40 hours, 1 year of employment restriction, 1 year of confiscation) imposed by the court below on the defendant is too unfasible.

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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the reasoning for the sentencing, the lower court determined a sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, as stated in the reasoning for the sentencing. There is no change in circumstances that may consider the sentencing after the lower judgment, and other various sentencing conditions specified in the records and pleadings, considering the circumstances asserted by the prosecutor as the grounds for appeal, the lower court’s sentence is too unreasonable even if considering the circumstances asserted by the prosecutor as the grounds for appeal.

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