The prosecutor's appeal is dismissed.

1. In light of the fact that there are a large number of same criminal records in the summary of the grounds for appeal, the degree of injury is serious, and the damage is not repaid, etc., the punishment of the lower judgment (5 million won of a fine) is too unied and unreasonable.

2. The 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 sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following circumstances, there are no new special circumstances or changes in circumstances that may be reflected in the sentencing of the Defendant after the pronouncement of the lower judgment, and all circumstances that form the conditions for sentencing specified in the instant records and pleadings, the lower judgment’s sentencing does not seem to be too minor beyond the scope of reasonable discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.