The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases 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, and to refrain from rendering a sentence that does not differ from that of the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, even though the sentencing of the first instance court falls within the scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following, there is no change in the conditions of sentencing compared with the original judgment as the materials for new sentencing have not been submitted at the time of the trial, and in full view of the reasons for sentencing revealed in the records and pleadings of the instant case, the lower court’s sentencing is too unhued and so it is difficult to view that the lower court exceeded the reasonable scope of discretion.

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