2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment made within a reasonable and reasonable scope, taking into account the factors that are the conditions for sentencing under Article 51 of the Criminal Act, and the fact that the sentencing is made after the appellate court’s ex post facto examination, etc., it is reasonable to respect the sentencing in a case where there is no change in the conditions for sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the sentencing of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance on the sole ground that the difference between the appellate court’s opinion and the appellate court’s decision is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

Therefore, the prosecutor's assertion is without merit.

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