The prosecutor's appeal is dismissed.

An applicant for the scope of adjudication of the party concerned shall not file an objection against a judgment that rejected an application for compensation order (Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Litigation), and the application for compensation order shall become final and conclusive immediately.

The court below rejected the application for compensation filed by B, and confirmed simultaneously with the declaration that the above applicant for compensation was not dissatisfied with this part of this part, and thus, the dismissal part of the above application for compensation order in the judgment below is excluded from the scope of the trial of the party.

2. The main point of the grounds for appeal is that of the lower court’s imprisonment with labor for not less than ten months, which is deemed as unreasonable.

3. The 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 as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing specified in the records and pleadings in this case, the lower court’s sentencing is too uneasible and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

4. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.