The prosecutor's appeal is dismissed.

The court below rejected the application for compensation order filed by the applicant for compensation, recognizing the accused guilty of charges.

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service) is too unfased and unreasonable.

3. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime is planned and organized by the Defendant, and was involved in the crime of Bosinginging that facilitates the fraud of employees of Bosing singing singing singing singinging singing singing singing sing sing sing sing sing sing sing sing sing sing sing

However, the Defendant recognized the instant crime.

The defendant does not have the same surname.

The number of defendants involved in the crime of Bosing is one time.

In addition, comprehensively taking into account the conditions of sentencing, such as the character and conduct, home environment, motive for committing a crime, amount of damage, means and consequence, as shown in the arguments of the court below and the party hearing, the sentence of the court below cannot be deemed unfair because it goes beyond the reasonable scope of discretion and is too unjustifiable.

4. As a result, the prosecutor’s appeal is without merit, and it is in accordance with Article 364(4) of the Criminal Procedure Act.