공전자기록등불실기재등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the court below's sentence (the imprisonment of 10 months (two years of suspended sentence) and 120 hours community service work) is too uneased and unreasonable.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.
It does not appear.
3. As the prosecutor’s appeal is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 228(1) and Article 30 of the Criminal Procedure Act). Article 25(1) of the Criminal Procedure Act provides that “Article 228(1) and Article 30 of the Criminal Act shall be “Article 228(1) of the Criminal Act,” and Articles 229, 228(1) and 30 of the Criminal Act shall be amended to “Article 229, 228(1), and 30 of the Criminal Act,” respectively, and Article 228(1) of the Criminal Procedure Act shall be amended to “Article 229 and 228(1) of the Criminal Procedure Act,” respectively.