The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 700,000) is too unfased and unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the judgment of the first instance on the sole ground that the sentence of sentencing of the first instance falls within the reasonable scope of the discretion but is somewhat different from the appellate court’s opinion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the Defendant on the grounds stated in its reasoning. In full view of the circumstances and the Defendant’s age, character, intelligence, and environment,

There is no change in circumstances in the sentencing conditions in the appellate court.

Since there are no materials to regard the sentencing of the lower court, it is reasonable to respect the sentencing of the lower court.

The prosecutor's assertion is difficult to accept.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.