The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because it is too unfasible to the punishment sentenced by the court below (six months of imprisonment).

2. In light of the fact that the sentencing on the basis of the statutory penalty is a discretionary judgment made within a reasonable and reasonable scope, taking into account the factors that are the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing conditions are not changed after the appellate court’s ex post facto heart nature, it is reasonable to respect the sentencing in the event that the first instance sentencing does not deviate from the reasonable scope of discretion. Although the first instance sentencing is within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance on the ground that the difference from the appellate court’s view is somewhat different from the appellate court’s opinion, it is desirable to refrain from imposing a sentence that does not differ from the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court’s sentencing appears to have been determined in full consideration of various favorable circumstances of the Defendant, and there is no special circumstance to change the sentencing after the lower court’s judgment cannot be found to have been found to have exceeded the Defendant’s age, Defendant’s age, Defendant’s environment, background, circumstances and scope of this case.

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 prosecutor's appeal is without merit. Since the subject and contents of the compensation stated in the application for compensation order are deemed to be different from the defendant's criminal facts, the application for compensation applicant is dismissed in accordance with Article 32 (1) 2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.