Text
The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (one year and two years of imprisonment, two years of suspended execution, and the observation of protection) against the Defendant on the gist of the prosecutor’s appeal grounds is too uneasible and unreasonable.
2. In a case where 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the following circumstances arose: (a) the Defendant deposited KRW 2.5 million in order to recover damage of the victim D when the Defendant was in the trial; and (b) there is no particular change in the conditions of sentencing that are unfavorable to the Defendant as the prosecutor did not submit new materials for sentencing; and (c) comprehensively considering the reasons revealed in the argument of the instant case, the lower court’s sentencing is so excessive that it goes beyond the reasonable scope of discretion, and thus, cannot be deemed unfair.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.