The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below (5 million won of a fine) is too unhued and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court with respect to the determination of sentencing. As such, in a case where 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,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the prosecutor as the ground of unfair sentencing are deemed to have been reflected in the grounds for sentencing of the lower court. In light of the fact that no new sentencing data was submitted in the trial, and there is no particular change in the sentencing conditions, and other circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unfluent and 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.