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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below (eight months of imprisonment, two years of suspended execution, two years of probation) is too unhued and unfair.
2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant, by assaulting a nule victim, inflicted an injury upon him/her in need of approximately eight weeks of medical treatment, and the victim is in a significant degree of injury caused by the instant crime, such as where the object appears very rare in the left eye, and small letters cannot be seen.
The defendant did not receive a letter from the victim, and the victim wanted to punish the defendant.
However, the Defendant recognized the instant crime and is against the Defendant.
The hospital was treated with symptoms, such as depression, and such mental illness seems to have caused the instant crime.
As the mother of the defendant is leading the defendant, the mother of the defendant wants to take the action against the defendant.
The defendant has no history of criminal punishment.
In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, and consequences, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant goes beyond the reasonable scope of discretion.
The prosecutor's assertion of unfair sentencing is without merit.
3. The prosecutor's appeal of conclusion 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.