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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. Determination
A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
As to the instant case, there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the health department and the trial court, and the reasons for unfair sentencing alleged by the prosecutor seem to be the circumstances that have already been fully considered in determining the punishment in the lower court. In full view of all the sentencing conditions stated in the pleadings of the instant case, including the primary offender, including the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, the lower court’s sentencing is too unfeasible and thus, it cannot be deemed that the Defendant exceeded the reasonable scope
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.