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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (e.g., a fine of KRW 3,00,000) of the lower court is too uneased and unreasonable.
Judgment
It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no particular change in the sentencing conditions compared to the trial court and the lower court. In full view of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too unfluent, and thus, it does not seem that the lower court’s sentencing exceeded the reasonable scope of discretion.
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.