상해
The prosecutor's appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No new sentencing data is submitted in the trial, and there is no change in the sentencing conditions compared to the original judgment. In full view of the Defendant’s favorable or unfavorable reasons for sentencing as stated by the lower court, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion because it is too unfeasible to the Defendant.
3. The application for the instant compensation order is dismissed in accordance with Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, since the scope of the Defendant’s liability for compensation is not clear.
4. The Prosecutor’s appeal to the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Prosecutor is without merit.