The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.

3. It is limited to cases where the scope of the defendant's specific liability for compensation is not clear or it is not reasonable to issue an order for compensation in criminal proceedings.

4. Since the appeal by the prosecutor of the conclusion is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the application by the applicant for compensation shall be dismissed pursuant to Articles 32(1) and 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,

In accordance with Article 25(1) of the Rules of Criminal Procedure, the sentencing guidelines are not yet provided for in Article 258-2 of the Criminal Procedure Act for the crime of special injury as provided for in Article 258-2 of the Criminal Act, on its own authority and on its own initiative in accordance with Article 25(1) of the Rules of Criminal Procedure, the fact that the sentencing guidelines are changed to “the sentencing guidelines and [the scope of recommendations] the basic area (6-2 months or years) of the special injury

.