특수상해등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lower court acquitted the Defendant of this part of the facts charged despite the fact that the Defendant destroyed the property according to the testimony of B, which has credibility of mistake of facts.
B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too uneasible and unfair.
2. Determination
A. The lower court duly adopted and examined the assertion of mistake of facts, and, in particular, ① a report on internal investigation (field status, etc.) stating the field situation at the time of the occurrence of the instant case (Evidence No. 12-15 pages), a field photographic material (Evidence No. 21-25 pages), and a video (Evidence No. 164 pages) recording the situation at the time, did not find any fact. ② The Defendant stated that “the 71 photographs of the evidence No. 71 was taken at the time of contact with the victim on January 6, 2018 (Evidence No. 181 pages of the evidence No. 181 page),” and that the file No. 71 photographs of the evidence No. 20180-143 Do3343, supra, the lower court’s determination that the Defendant was not guilty of the facts charged on the ground that there were no errors in the misapprehension of the facts alleged in its reasoning.
Therefore, prosecutor's assertion is without merit.
B. The lower court sentenced 1 year of imprisonment, 2 years of suspended execution, and 160 hours of community service order by taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant and the recommended type of punishment guidelines set by the Sentencing Commission.
In full view of the facts that are the conditions of sentencing in the trial, in particular, the fact that the defendant led to committing a crime when he was in the trial, and that the court below's sentencing is against the mistake while making a confession of the crime, the first offender, the sentencing sentencing guidelines, etc., the court below's reasonable limit of discretion.