The prosecutor's appeal is dismissed.

1. Prosecutor's ground of appeal: The sentence that the court below rendered unfair sentencing (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The circumstances alleged by the prosecutor as an element of sentencing in the first instance court were already revealed in the hearing process of the lower court, and there is no particular change in the situation in the sentencing criteria after the sentence of the lower court was rendered.

The court below seems to reflect the circumstances such as the situation surrounding the defendant's farm and the records of damage to the defendant's property.

When the lower court comprehensively takes into account all the circumstances as the grounds for sentencing, such as the Defendant’s age, sex and environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentencing was made within the reasonable scope of its discretion, and is thus unreasonable.

Therefore, the sentencing of the prosecutor is unfair.