2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(4) The judgment of the court below on April 26, 2018 (the defendant was sentenced to 8 months of imprisonment for a crime of fraud at the Daegu District Court on April 26, 2018 and 2 years of suspended execution, and the judgment became final and conclusive on May 4, 2018). "The defendant was sentenced to 8 months of imprisonment for a crime of fraud at the Daegu District Court on April 26, 2018 and 2 years of suspended execution, and the judgment became final and conclusive on May 4, 2018, and on January 24, 2019, 6 months of imprisonment for a crime of fraud and 2 years of suspended execution was sentenced to 2 years of imprisonment for a crime of fraud from the Suwon District Court on February 1, 2019, and the judgment was revised from the Suwon District Court on March 21, 2019 to March 29, 2019)."