상해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 80 hours, and 40 hours of an order to attend lectures for alcohol treatment) is too uneasy 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) took into account the unfavorable circumstances that the nature of the crime of the instant case is inferior; (b) given that the Defendant was erroneous and reflected; (c) the Defendant was detained on the instant case; and (d) the victim was not wanting to be punished; (b) ordered the Defendant to undergo protection and observation to prevent recidivism; and (c) ordered the Defendant to take lectures in community service and alcohol treatment.
When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.
Inasmuch as there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too uneasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.