The prosecutor's appeal is dismissed.

The court below rejected the application for compensation order filed by the applicant for compensation, recognizing the accused guilty of charges.

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, and confiscation) is too unhued and unreasonable.

3. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination 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 en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime is planned and organized by the Defendant, and is committed as if the Defendant were an employee of a financial institution, by taking part in the scaming crime that leads to a large number of victims, and facilitating the fraud of employees of a scaming operations. The nature of the crime is not good, and there is a need for strict punishment in light of social harm, etc.

However, the Defendant recognized the instant crime.

The defendant has no record of punishment, and the victim does not want to punish the defendant by mutual consent with the victim.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, home environment, motive, means and consequence of the crime, the circumstances after the crime, etc. as shown in the argument of the court below and the party deliberation, the sentence of the court below cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

4. Accordingly, the Prosecutor’s appeal is dismissed.