Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too unhued and unreasonable.
2. Determination is recognized that the Defendant committed the same crime even one week prior to the instant crime, and the face of a police officer is not good, and that the Defendant has been punished several times due to the past injury, property damage, insult, etc.
However, in full view of all of the sentencing factors indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and consequence of the crime, etc., the punishment imposed by the lower court is too unfeasible and it goes beyond the reasonable scope of discretion, and is too unfasible. The Defendant is deemed to have committed the crime of this case, and the Defendant appears to have committed the crime of this case by contingency, and the Defendant is currently being treated with brain symptoms, and other sentencing factors indicated in the records and arguments, such as the circumstances after the crime.
It does not seem that it does not appear.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.