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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for one year, two years of suspended sentence, one year of observation of protection, one year of community service order, 80 hours of seizure, and confiscation) imposed by the lower court is deemed to be too uneasy and unreasonable.
2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment 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). In light of the following: (a) the method of examining the instant crime, the method of committing the instant crime, and the attitude of committing the instant crime, it is recognized that the criminal liability for the instant crime is not easy, but on the other hand, it is deemed that the Defendant recognized the entire facts charged in the instant case and against his mistake, and that the degree of
In light of the following facts: (a) there is no special change in circumstances that could change the punishment of the lower court after the pronouncement of the lower judgment; and (b) other conditions of sentencing as shown in the present case’s records and arguments, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too unfeasible and is not deemed unfair; and (c) thus, the Prosecutor’
3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.