The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not seem to have exceeded the reasonable scope of discretion by comprehensively taking into account the factors revealed in the instant pleadings, including various circumstances considered in sentencing.

In particular, taking into account the following circumstances, it is more.

The court below seems to have sentenced a relatively significant fine to the defendant, considering the fact that the defendant repeats the crime during the period of probation and commits a contingent crime, and that the defendant repents from the investigation agency to the original trial, although there is a need for severe punishment.

Although the defendant has a punishment force due to violent crimes, there are many times, and there is no record of punishment due to obstruction of performance of official duties, so it is difficult to conclude that the defendant is highly at risk of recidivism of the same crime.

Although it is difficult to say that the nature of the defendant's crime is less severe, such as the prosecutor's point of view, it does not seem that the court below's decision that selected the main action of a fine is extremely unfair.

Therefore, prosecutor's assertion is without merit.

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