The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The court below's sentence (2 million won of fine) against the defendant is too unhued and unfair.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, 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, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively taking account of the circumstances favorable to the Defendant and the unfavorable circumstances against the Defendant. The circumstances alleged by the prosecutor as the grounds for appeal, including the fact that the nature of the instant crime was inferior, and the victim’s reputation was seriously damaged, are deemed to have already been reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that could change the sentence of the lower court in the final trial.

In full view of the following circumstances, including the fact that the Defendant recognized the instant crime and the first offender who has no criminal record, etc., the Defendant’s age, character and conduct, environment, family relationship, health status, attitude at investigation agency and court in the criminal investigation agency and court, nature of the crime, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable because it goes beyond the reasonable scope of its discretion.

In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.