The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of 2.5 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). The following facts are considered: (a) the Defendant was disadvantageous to the Defendant; (b) the Defendant repeatedly committed the instant crime at the same time; (c) the Defendant agreed with the victim or did not endeavor to recover from damage; (d) the Defendant admitted the instant facts charged; (b) the Defendant appears to have been detained in the instant case for 20 days and served in prison; (c) the Defendant was disabled; (d) there was a family member to support; (d) there was no previous conviction exceeding a fine since 2001; and (e) other various circumstances shown in the records and arguments, such as the Defendant’s age, character and conduct, and environment, the Defendant’s punishment imposed by the lower court cannot be deemed unfair, and thus, 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.