2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As a result, there is no change in the conditions of sentencing compared to the original judgment, and comprehensively taking account of all the reasons for sentencing (in particular, the Defendant’s mistake is against himself/herself, and the primary offender) revealed in the proceedings of the instant case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.