The court below's punishment (three million won of a fine) against the defendant is too unhued and unfair.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, there is no change in the conditions of sentencing compared with the first instance court, and it is reasonable to respect the sentencing of the first instance court where it does not deviate from the reasonable scope of discretion

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and the circumstances the prosecutor claims as the grounds for appeal also appears to have been reflected in the lower court’s sentencing process

In full view of various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, health status, attitude in investigation agency and court, crime quality, use of embezzlement amount, motive, means and consequence of the crime, circumstance after the crime was committed, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable, as it goes beyond the reasonable scope of discretion.

In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.