Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, forty hours of an order to attend a violent therapy, and 120 hours of an order to provide community service) of the lower court is too unfford and unreasonable;
2. Determination
A. According to the records, the court below imposed a punishment in consideration of various sentencing reasons, including the following: (a) the crime quality is inferior in light of the process and method of the crime; (b) the record of punishment for the same kind of crime was committed; (c) the fact that the mistake was repented and reflected; (d) the degree of injury was not severe; (c) the victim agreed with the victim; and (d) the victim did not want the punishment for the defendant; and
B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal 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.