The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Determination

A. In light of the fact that there exists an area unique to the first deliberation regarding sentencing determination in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, and the fact that the account of the access media that the Defendant actually transferred is used for the crime of fraud, in cases where there is no change in the conditions of sentencing compared to the first trial, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, and the defendant is divided in depth into the crime of this case, there is no record of punishment for the same kind of crime, disability 3 disabled person, and other various sentencing conditions as shown in the records and arguments, including the defendant's age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unjustifiable and it cannot be deemed unfair.

Therefore, prosecutor's assertion is not accepted.

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.