체포치상등
The prosecutor's appeal is dismissed.
1. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below on the prosecutor’s unfair assertion of sentencing, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court has no particular change in the conditions of sentencing compared to the judgment of the court below on the grounds that new materials
In addition, even if considering the factors of sentencing unfavorable to the defendant, such as the fact that the defendant recognized the crime and there is no record of criminal punishment prior to the crime, etc., comprehensively taking account of the criminal records and the conditions of sentencing as shown in the pleading, the court below’s punishment was excessively unhued and so it exceeded the reasonable scope of discretion.
shall not be deemed to exist.
We do not accept the prosecutor's argument that the sentencing of the court below is unfair.
2. The appeal by the conclusion prosecutor is dismissed for reasons.