동물보호법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (Defendant A: a fine of one million won, Defendant B’s imprisonment with prison labor for six months, and two years of suspended execution) declared by the lower court is too uneased and unreasonable.
2. Where there is no change in the conditions of sentencing compared to 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, as indicated in its reasoning, determined the sentence against the Defendants by comprehensively taking into account the various circumstances into account.
The circumstances alleged by the prosecutor on the grounds of appeal (e.g., the failure to commit a crime method, the majority of the members of the animal care organization, etc., and the same criminal records of Defendant B) appears to have already been considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court
In addition, when comprehensively considering various sentencing conditions in the deliberation by the court below and the party, the punishment imposed by the court below shall not be deemed to be excessive, too heavy, or unreasonable, because it is too heavy.
3. According to the conclusion, the prosecutor’s appeal against the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.