The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and 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.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). In addition, even though the Defendant had been punished for the same kind of crime, such as obstruction of performance of official duties, damage to public goods, etc., the Defendant committed the instant crime, despite the fact that the Defendant was disadvantageous to the Defendant, on the other hand, the Defendant recognized the instant facts charged, and the substantial damage caused by the instant crime is relatively heavy, and the Defendant did not have been sentenced to a sentence, and other circumstances revealed in the records and arguments, such as the Defendant’s age, character and conduct, environment, etc., the Defendant’s sentence imposed by the lower court cannot be deemed unfair, and the prosecutor’s assertion is without merit.

3. Accordingly, 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.