The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since a notice that the lower court rendered a not guilty of mistake of facts and misapprehension of legal principles means that there is no big difference between the notice that the lower court rendered a guilty verdict and the content and purport thereof, and that “the victim shall make a wrong judgment,” it shall be deemed that the Defendant’s reputation by

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too uneased and unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mistake of facts and misapprehension of legal principles, the court below is justified in finding that the contents of each notice constitute a subjective evaluation or expression of opinion, not a statement of fact, on the grounds as stated in its reasoning. Therefore, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles

B. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted at the trial and the lower court did not recognize that the lower court’s sentencing is too unfluent and so it exceeded the reasonable scope of discretion, by comprehensively taking into account all the factors for sentencing as stated by the lower court.

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