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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal: Sentencing;
2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court.
In addition, in full view of all the circumstances indicated in the arguments and records of the instant case, including the details and contents of the instant crime, the degree of the Defendant’s participation and involvement, and the Defendant’s criminal punishment and investigation power, although all of them are Internet goods sales (the amount obtained by deception is also a small amount of money) and not criminal acts like the instant case (the criminal investigation record 1783 through 1796 pages), there is no benefit from participating in the instant crime; circumstances after the commission of the crime; circumstances after the commission of the crime; and other conditions indicated in the arguments and records, such as the Defendant’s age, occupation, sex, family relationship, economic situation, etc., the sentencing of the lower court that sentenced the Defendant to a fine of KRW 10 million, even during the period of repeated crime, exceeded the reasonable scope of discretion, and is not recognized.
3. Accordingly, the prosecutor’s appeal cannot be accepted, and the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.