The prosecutor's appeal is dismissed.

1. The court below rejected the application for compensation order B, which is the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings), and this part was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment below is excluded from the scope of the trial of this court.

2. The summary of the reasons for appeal (three years of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

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). As a result, there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted in the trial, and in full view of all the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unfluent, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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.