The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal: Unfair sentencing

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in the sentencing conditions compared to the original judgment.

In addition, in full view of all the conditions of the pleadings and the records of the instant crime, the sentencing of the lower court, which sentenced two years of suspended execution in June of the instant crime, is too unfasible, and thus, is not recognized to have exceeded the reasonable scope of discretion, in light of the following: (a) the details and degree of injury, the degree of injury, the fact that there was no history of punishment exceeding fines; (b) the victim paid the full amount of KRW 6 million to the victim; and (c

3. Accordingly, the prosecutor's appeal cannot be accepted, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.