The prosecutor's appeal is dismissed.

1. Where there is no change in the conditions of sentencing compared to the lower court on the part of the case by Defendant, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court on the grounds that the new sentencing data was not submitted by this court.

In addition, in full view of the sentencing conditions shown in the records and arguments of the instant case, the sentence imposed by the lower court against the Defendant was excessively unhutiled and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. According to Article 14(2) of the Medical Care and Custody Act, where a prosecutor files an appeal against a defendant’s case, it is deemed that a prosecutor files an appeal regarding a medical care and custody claim.

However, the prosecutor did not submit any grounds for appeal as to this, and even if examining the judgment of the court below, there is no reason to investigate and reverse this part ex officio.

3. The appeal by the conclusion prosecutor is dismissed for reasons.