The prosecutor's appeal is dismissed.

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In other words, the Defendant’s previous convictions several times, and the Defendant’s total profits earned from the instant crime are not 2,858,00 won. However, the Defendant recognized the entire facts charged in this case, and against the Defendant, the Defendant did not have any record of punishment for the same crime between the last 10 years, and there was no previous conviction exceeding the fine, and there is no special change in circumstances to change the sentence of the lower court after the pronouncement of the lower court, and there is no reason to acknowledge that the prosecutor’s argument that the Defendant’s new punishment is too unfair due to the following reasons: (i) the Defendants’ age, sex, family relationship, and circumstances after the instant crime.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.