상해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, two years of community service order, two hundred hours of probation) is too unhued and unreasonable.
2. In a case where 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, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendant, and there is no particular change in the sentencing conditions compared to the lower court in the trial. In full view of the various sentencing conditions stated in the records and arguments in this case, the lower court’s sentencing is too unreasonable and thus, does not seem to have exceeded the scope of reasonable sentencing discretion.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.