The prosecutor's appeal is dismissed.

1. The sentence (the suspended sentence of KRW 300,000) sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) is deemed to be too uneasible and unfair.

2. Of the requirements for the suspension of sentence, the term “where the circumstances before the opening of the sentence” refers to cases where even if the sentence was not imposed in light of the comprehensively taking into account the sentencing conditions stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, it is interpreted that the circumstance that the defendant would not repeat again even if the sentence was not imposed. Unlike this, the term “where the circumstances before the opening of the sentence is obvious” in this context means cases where the defendant completely repents a crime. It does not mean that the suspension of sentence cannot be always granted in cases where the defendant denies a criminal fact without confession. Further, it is interpreted that the matters under Article 51 of the Criminal Act and whether the opening of the sentence is obvious belongs to the court’s discretion on the determination of the sentence (see Supreme Court Decision 2001Do6138, Feb. 20, 2003). As to the instant case, it appears that the defendant’s act of denying the sentence and the circumstance acknowledged by the evidence duly admitted by the first instance court, as alleged in the evidence.

(2) The court below held that there was an error of law in sentencing or unfair sentencing against the defendant.

shall not be deemed to exist.

3. In conclusion, 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.