Judgment

The crime of this case committed by the Dog-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Je-Pe-Pae-Je-Pe-Je-Pae

However, it is reasonable to respect the sentencing of the Defendant where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances unfavorable to the recognized Defendant do not correspond to changes in special circumstances that could change the sentencing of the lower court after the pronouncement of the lower judgment, and the Defendant appears to have committed the instant crime in a contingent manner under the influence of alcohol, and there is no record of criminal punishment exceeding the fine, and there is no record of criminal punishment beyond the fine. The Korean Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct supervision, has the inherent area of the first instance trial, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not change the conditions of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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. It is so decided as per Disposition. However, Article 25 of the Regulation on Criminal Procedure is applied.