The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to refrain from rendering a judgment of the first instance on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, but is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, the lower court determined a sentence against the Defendant by taking into account the following factors: (a) the Defendant’s mistake is recognized and against all the Defendant’s mistake; and (b) the lower court appears to have been found to have been altered within the reasonable scope of discretion; and (c) the lower court’s judgment appears to have not been found to have been altered within the reasonable scope of discretion; and (d) the lower court’s sentencing was not determined to be determined within the reasonable scope of discretion.

The prosecutor's above assertion is without merit.

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.