The appeal by the prosecutor is dismissed.
Summary of Grounds for Appeal
The punishment sentenced by the court below (one year and nine months of imprisonment) is too unreasonable.
The punishment sentenced by the court below by the public prosecutor is too uneasible.
If there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court, as the materials to be newly considered in the health room and the trial are not submitted. In full view of the factors of sentencing revealed in the records and the pleadings of this case, the lower court’s sentencing is too heavy
The defendant and prosecutor's assertion of unreasonable sentencing is without merit.
In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.