The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Sentencing;

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court.

In addition, in full view of all the conditions of the pleadings and the records of the instant case, including the details and contents of the instant crime, the motive, means and consequence of the instant crime, the Defendant’s criminal records (in particular, there are only two minor criminal records prior to about 40 more years and 20 years), the circumstances after the crime, the relationship between the Defendant and the victim, and the age, character and conduct, occupation, family relationship, economic circumstances, health conditions, etc., the lower court did not recognize that the sentencing of the Defendant, who was sentenced to a suspended sentence of one year for a fine of KRW 3 million, exceeded the reasonable scope of discretion, on the grounds as stated in its reasoning.

3. Accordingly, the prosecutor’s appeal cannot be accepted, and the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.