2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists a unique area of the first deliberation as to the determination of sentencing, and in cases where there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it in the appellate trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is the first offender, and the Defendant agreed with the victim.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair as it goes beyond the reasonable scope of discretion.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.