The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, as stated in its holding, determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant.

The lower court recognizes that the prosecutor’s sentencing conditions, including the sentencing conditions asserted in the grounds of appeal, are determined appropriately by taking into account all important circumstances, and there is no change in the sentencing conditions that enable the lower court to change the sentence in the trial.

Therefore, since the sentence of the lower court is not determined to have exceeded the reasonable scope of discretion given to the lower court, it is reasonable to respect the sentencing of the lower court.

Therefore, prosecutor's assertion 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.