The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the deliberation of the first instance regarding the determination of sentencing, and the fact that the court of appeal ex post facto heart character, etc., if there is no change in the conditions of sentencing compared to the judgment of the first instance, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant is recognized to have committed the instant crime without being aware of the fact that it was committed by the victimized person, who was not aware of and did not reach an agreement on KRW 929,00,00 from the damaged person, and that the Defendant did not endeavor to agree differently

However, in full view of the following circumstances: (a) the lower court had already been withdrawn in the oral proceedings; and (b) there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment; and (c) other overall conditions of sentencing as indicated in the records of the instant case, including the Defendant’s age, sexual behavior, environment, family relationship, motive, circumstance, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the lower

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, 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.