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 full view of the reasons for sentencing revealed in the proceedings of the instant case (i.e., the Defendant’s failure to repeat a crime in response to his/her mistake; (ii) the degree of injury to the victim is minor; and (iii) the Defendant agreed with the victim, it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion because it is too unfasible to the extent that the sentencing of the lower court is too unfasible.

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