The prosecutor's appeal is dismissed.

1. The lower court’s sentence (3 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. Determination

A. Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on which our criminal litigation law, which takes the trial-oriented principle and the principle of directness, has a unique area for the first deliberation of sentencing.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing in the first instance does not deviate from the reasonable scope of discretion. Although the sentence of sentencing in the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the fact that the opinion of the appellate court is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In light of the above legal principles, it is desirable to refrain from rendering a sentence that does not vary from the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Even if considering that the Defendant had been punished five times due to a crime without a license as in the instant case, even if the Defendant was led to the Defendant’s confession and reflect of the instant crime, and the Defendant’s age, motive, motive, motive, etc.

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.