The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 4 million won) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the appellate court

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant, determined the sentence against the Defendant, and there is no new change in circumstances that may change the sentence of the lower court in the trial.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, etc. of the defendant as shown in the arguments of the court below and the party branch, the sentence of the court below is deemed unreasonable because it goes beyond the reasonable scope of discretion.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.