경범죄처벌법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as it is too unfased in the sentence (200,000 won in penalty) declared by the court below.
2. The determination shall take into account the following favorable circumstances: (a) the Defendant agreed with the victim that the victim would not be punished for the Defendant; and (b) the Defendant has a mental disorder.
In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.
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. It is so decided as per Disposition.