상해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal: (a) the Defendant’s history of the same crime; and (b) repeated crimes of this case during the period of repeated crimes, etc., the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court 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). Based on the foregoing legal doctrine, the following factors were considered: (a) the reasons for sentencing alleged by a prosecutor were all considered at the lower court; and (b) there was no particular change in the sentencing conditions compared to the lower court; and (c) comprehensively taking account of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too uncompared so that it exceeded the reasonable scope of discretion.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.