The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (an unreasonable sentencing test) by the lower court (a fine of KRW 10 million) 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 en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendant to the said punishment by granting an opportunity to return to society with a fine at once, taking into account the favorable circumstances in which the Defendant agreed to both the victims, the number of days of pre-criminal detention is up to two months, and the Defendant was making efforts to return to society before and after the commission of the crime, and his family members were willing to help return to society with the Defendant, taking into account the following favorable circumstances: (a) the period of pre-trial detention is heavy in light of the details and content of the crime; and (b) the degree of damage; (c) the Defendant committed the instant crime; and (d) one year after having been sentenced to the punishment due to the same crime; and (e) the Defendant committed other violent crimes; and (e) the period of pre-trial detention is up to two months; and (e) the Defendant was up to two months after the

The punishment sentenced by the court below is the upper limit of the punishment when selecting a fine in this case.

The Defendant recognized the crime from the prosecution to the trial of the prosecution, and submitted several rebuttals, which led to the misunderstanding of the Defendant, such as “hinging alcohol.” The Defendant received a mental and medical treatment immediately after the sentence of the lower judgment was rendered.

On the other hand, there is no special circumstance or change of circumstances that can be reflected in sentencing after the judgment of the court below is pronounced.

This is based on the sentencing case of the same kind of case, and the relationship between the defendant and the victim of the age-oriented environment, including the above main circumstances.