특수상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal in light of the following: (a) the Defendant’s nature of the crime in this case is not good in light of the implements of the instant crime, and the degree and degree of injury; (b) the Defendant was punished several times as a principal violence crime; and (c) the victims of this case had the record of conducting investigations by exercising multiple violence, etc., the lower court’s punishment (two years of imprisonment) is too uneas
2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the circumstances asserted by the prosecutor as an element of sentencing unfavorable to the defendant in the grounds for appeal, the lower court’s punishment is deemed reasonable, and it cannot be deemed unfair on account of the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (b) the circumstances after the crime; and (c) the circumstances where new sentencing materials that may change the lower court’s punishment were not added at the trial, etc., including the fact that the Defendant’s age, character and environment, environment, the motive, means and consequence of the crime; and (d)
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.