조세범처벌법위반
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for six months, two years of probation, and two hundred hours of community service) is too uneased and unreasonable.
2. The lower court appears to have determined the Defendant’s punishment by taking account of the fact that the Defendant recognized the instant crime, the fact that the Defendant reflects the recognition of each of the instant crimes, the equity in the case that the judgment of suspended execution became final and conclusive at the same time with each of the instant crimes, and
In full view of all the matters, statutory penalty, etc., which are the conditions for sentencing, including the fact that no new sentencing data was submitted in the trial, and that there was no record of punishment exceeding the fine against the defendant before the crime of this case was committed, the judgment of the court below exceeded the reasonable bounds of discretion.
shall not be assessed.
Therefore, prosecutor's sentencing and warning cannot be accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.