The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

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). In addition, there are circumstances unfavorable to the Defendant that the Defendant committed the instant crime because of the fact that the Defendant, including the same criminal record and the same criminal record, had a lot of history of criminal punishment, has not yet completed the execution of the sentence. Meanwhile, the Defendant recognized the instant facts charged and reflects his fault in depth, and the degree of damage caused by the instant crime was not severe, the Defendant agreed with the victim, and the victim did not want the punishment of the Defendant, and the Defendant’s age, character and conduct, environment, etc. and other various circumstances revealed in the records and arguments, the prosecutor’s assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.