The prosecutor's appeal is dismissed.

1. The lower court’s punishment (one year of imprisonment and two years of suspended execution) against the accused in the summary of the grounds for appeal is deemed 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 is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment as the materials for new sentencing have not been submitted in the trial at the lower court. In addition, comprehensively taking account of all the reasons for sentencing indicated in the record of the instant case, including the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, the sentencing of the lower court is too unfeasible and it cannot be deemed that it exceeded the reasonable scope

The prosecutor's assertion is without merit.

3. The appeal by the conclusion prosecutor is dismissed.