The prosecutor's appeal is dismissed.

1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial

2. The summary of the grounds for appeal (one million won of a fine) declared by the court below is too unhued and unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the victim continues to be punished against the Defendant, but no particular change in circumstances is found in the matters subject to sentencing conditions after the sentence of the lower judgment. The reasons for sentencing asserted by the prosecutor seem to be the circumstances that the lower court had already considered in determining the penalty.

In addition, in full view of the following factors: Defendant’s age, character and conduct, environment, criminal records, the developments and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unhued.

Therefore, prosecutor's assertion is without merit.

4. 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.