(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Sentencing elements asserted by a prosecutor appear to have been fully considered by the lower court in determining the sentence. No new sentencing data was submitted by this court, and there is no particular change in sentencing conditions compared with the lower court.

Furthermore, in full view of all of the various sentencing conditions set forth in the records and arguments including the fact that the defendant's mistake and rebuttals, the victim consistently expressed from the investigative agency to the court of original trial that he/she does not want to punish the defendant, and that the defendant has no record of criminal punishment in Korea, the circumstances alleged by the prosecutor as the grounds for appeal cannot be deemed to be excessive so far as the court below's punishment against the defendant goes beyond the reasonable scope of discretion.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. The appeal by the conclusion prosecutor is dismissed for reasons.