2. In a case 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment, as the new sentencing materials have not been submitted in the trial. In full view of all the reasons for sentencing as stated by the lower court, it cannot be deemed that the lower court’s sentencing is too unfeasible, and thus, exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is groundless.

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the application of the judgment of the court below to ex officio "the pertinent Article of the Act on 1. Criminal Facts" shall be corrected as "the pertinent Article of the Act and the choice of punishment for the crime of 1. Criminal Facts"]