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). However, in light of the following: (a) the appellate court’s failure to submit new sentencing data in the appellate court to change the conditions of sentencing compared to the first instance court; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) comprehensively taking account of the various circumstances that form the conditions of sentencing as indicated in the first instance sentencing trial process, including the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (d) the first instance sentencing is deemed appropriate; and

Therefore, prosecutor's assertion is not accepted.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.