The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. Determination

A. The standard for determining unfair sentencing refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions 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 court does not deviate from the reasonable scope of discretion, and to refrain from imposing a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, although the sentence of the first instance court is somewhat different from the opinion of the appellate court.

However, in the event that the sentencing of the first instance is deemed to have exceeded the reasonable bounds of the discretion when comprehensively considering the factors and sentencing criteria as indicated in the first instance sentencing process, or where it is deemed unfair to maintain the sentencing of the first instance in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the first instance.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The judgment of the court below on whether there are grounds for unfair sentencing is justifiable or not, is subject to the punishment of imprisonment or fine as prescribed by the Act on the crime of this case, and is disadvantageous to the defendant.