The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below is too unhued.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing 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 Decision 2015Do3260 Decided July 23, 2015). It does not seem that the Defendant does not seem to seriously reflect his/her own mistake, and there is no unfavorable circumstance, such as the fact that the Defendant committed the instant crime during the repeated offense period due to fraud, and that the Defendant did not submit data on the recovery of damage even during the trial.

However, considering the above circumstances, the lower court determined the Defendant’s punishment and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment.

In full view of the fact that the amount of fraud is relatively small, and the crime of extortion is committed in attempted crimes, and the Defendant’s age, character and conduct, environment, motive and background of each of the instant crimes, means and method of each of the instant crimes, and all of the sentencing factors in the trial process, such as the circumstances after the crime was committed, the sentence imposed by the lower court is not deemed to have exceeded the reasonable scope of discretion, or to be too unreasonable.

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