2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of appeal ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized the error and reflects that there is no record of punishment for the same kind of crime, the physical disability Grade 5, the health condition is not good, and the family support is not good, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., are taken into account, and the sentence of this case and the circumstances after the crime, etc., it does not seem that the sentence of the court below is too unjustifiable and unfair.

Therefore, prosecutor's assertion is not accepted.

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 appeal is without merit. It is so decided as per Disposition.