Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.
2. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the trial-oriented principle, there exists an area unique to the first instance judgment regarding sentencing, and the fact that there are many records of criminal punishment for the same kind of crime, if there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.), it is reasonable to respect the first instance judgment (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).
However, in light of the above legal principles, considering the following as a whole: (a) the Defendant has led to the instant crime and has not been subject to punishment exceeding a fine due to the same kind of crime; (b) has been employed after the pronouncement of the judgment of the court below; (c) the father of the Defendant has taken the lead of the Defendant; and (d) the father of the Defendant has taken the lead of the Defendant; and (c) the Defendant has taken full account of the factors stated by the court below as to the sentencing, the sentencing of the court below is too unhued so far as the sentencing exceeds
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.