The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) is unfair because the sentence imposed by the court below (three years of suspended sentence in imprisonment with prison labor for two years) is too unhued.

Judgment

In a case 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 it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the conditions of sentencing compared to the lower court.

The crime of this case is committed by assaulting the victim who is a relative or a victim and resulting in death, and it is necessary to punish the defendant in light of the gravity of the crime.

However, the following should be taken into account: (a) there is no record of criminal punishment in the Republic of Korea for the Defendant; (b) the Defendant has committed all crimes; (c) the Defendant appears to have taken into account the motive and background of the crime; (d) there are some circumstances to consider the motive and background of the crime; and (e) it appears that the use of violence was not strong; and (e) the health condition of the victim and excessive drinking before and after the assault could have affected the death

In full view of the following circumstances: Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc., as well as various sentencing conditions as indicated in the instant records and arguments, the sentence of the lower court does not seem to be unfair as it goes beyond the reasonable scope of discretion, and is too unreasonable.

The prosecutor's assertion is difficult to accept.

In conclusion, the prosecutor's appeal is dismissed for lack of reason.