The prosecutor's appeal is dismissed.

The gist of the prosecutor's appeal is as follows: The punishment imposed by the court below (2 million won) is too unfeasible in light of the following: (a) the nature of the crime of this case, which is unfair in sentencing; (b) the damage was not less than 5 million won; (c) the damage was not yet recovered; and (d) the social harm of the Bosing crime is serious; and (e) the punishment imposed by the court below is too unfasible.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the health team and the prosecutor’s assertion as an element of sentencing had already been revealed in the hearing process of the lower court and sufficiently considered, and there is no particular change of circumstances in matters that are the condition of sentencing after the sentence of the lower court was made.

In addition, the circumstances that the court below rendered on the grounds of sentencing, age, sex and environment of the defendant, motive for committing the crime, circumstances after committing the crime, etc., and the jurors indicated in the sentencing process of the court below, which were conducted through the citizen participation trial.