Judgment

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). We examine the following: (a) there is no change in the sentencing conditions compared with the original judgment as the new sentencing materials have not been submitted in the trial; and (b) comprehensively considering the sentencing grounds revealed in the process of the argument in the instant case, the lower court’s sentencing is too unhued so far as it goes beyond the reasonable scope of discretion.

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