Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (a pair of the grounds for appeal) by the court below is too heavy or unreasonable.
2. In a case where 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances surrounding the sentencing, such as the confession and reflectness of the Defendant, the support for two children, the content of the text messages sent by the Defendant, etc., and there is no circumstance to be newly considered in the trial of the lower court, and there is no other circumstance to be considered newly in the trial of the sentencing, such as the motive, means, and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentencing is too weak or unreasonable to have exceeded the reasonable scope of discretion.
3. As such, the appeal by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.