The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the sentence of a fine of KRW 300,00 (the suspended sentence of a fine) imposed by the court below is too unfilled and it is necessary to make the defendant bear litigation costs.

2. Determination: (a) there are circumstances that may be taken into account some of the motive and circumstances of the instant crime; (b) the Defendant’s first crime without any criminal power except the Defendant’s suspension of indictment due to a violation of the Food Sanitation Act around June 2005; (c) the Defendant’s business registration for the instant temporary establishment on around June 2010; and (d) the period for which the Defendant has been running his business after completing the business registration for the instant temporary establishment is only three years; (d) even if the Defendant was not sentenced to the punishment, it seems that the Defendant would not be subject to a new crime; and (e) the Defendant’s life and behavior, character and environment, intelligence and environment, the motive and background, means and consequence of the instant crime, the circumstances after the instant crime, and criminal record, etc. are considered in full view of various circumstances that are the sentencing conditions of the instant case, the Prosecutor’s assertion is without merit, and thus, is not justified.

[Costs of litigation incurred in the original trial, such as travel expenses for the original trial witness, remuneration for the public defender of the original trial, etc., are deemed necessary to protect the rights of the defendant or guarantee the right of defense. It cannot be viewed as "expenses incurred by the reason for which the defendant is responsible" under Article 186 (2) of the Criminal Procedure Act, and so long as the court below maintains a suspended sentence of punishment of a fine, the defendant shall not be liable to bear the costs of litigation.

However, among the reasoning of the judgment below, the "applicable law" in the "application of the law to the facts of crime" refers to the "Juvenile Protection Act" in the "Juvenile Protection Act" and the "election of punishment" in the "Juvenile Protection Act" means the Act on September 15, 2011.