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). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the conditions of the argument and the records of the instant case, including the details and contents of the instant crime, the Defendant’s drinking record (one time, a fine of KRW 1.5 million), and the circumstances after the instant crime, etc., the sentencing of the lower court that sentenced the Defendant to a fine of KRW 12 million is too unfeasible, and thus, is not recognized to have exceeded the reasonable scope of discretion.

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.