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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the lower court against the Defendant is deemed to be too uneased and unreasonable.
2. 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, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, and the fact that the sentencing of the first instance court does not change in the conditions for sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on the grounds that it is somewhat different from
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). We examine the following: (a) The reason for the prosecutor’s assertion appears to have already been considered in determining the punishment in the lower court; and (b) the reason for the prosecutor’s assertion was not submitted new sentencing data in the lower court; and (c) there is no change in sentencing conditions that may increase the punishment compared with
In full view of the facts revealed in the records and arguments of this case, there is no circumstance that the lower court’s sentencing is deemed to have exceeded the reasonable bounds of discretion or that it is unreasonable to maintain the lower court’s sentencing as it is, in so doing, to view the elements of sentencing revealed in the course of the records and arguments of this case as a whole.
Therefore, the prosecutor's assertion of unfair sentencing is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.