협박등
The prosecutor's appeal is dismissed.
1. Of the instant facts charged against the Defendant, the lower court dismissed the prosecution on the charge of intimidation against the victim C and assault against the victim B, and sentenced the remainder of the facts charged, which only the prosecutor appealeds on the ground of unfair sentencing as follows. As such, the part of the lower judgment dismissing the foregoing dismissal of prosecution in the lower judgment was separated and finalized as it is after the lapse of the appeal period.
Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.
2. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and two years of suspended execution) is too unhued and unreasonable.
3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and 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
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing specified in the records and pleadings in this case, the lower court’s sentencing is too uneasible and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
4. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.