The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

Examining the various sentencing conditions and the reasons for sentencing of the lower judgment in light of the circumstances asserted by the Prosecutor as the grounds for appeal, even if all of the circumstances asserted by the Prosecutor are considered as the grounds for appeal, it cannot be deemed unfair since the sentence of the lower court is deemed unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.