Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant (five months of imprisonment) is too unhued and unfair.
2. The crime of special intimidation of this case is deemed to be highly likely to criticize the Defendant’s assault crime of this case during a trial by committing the crime of special intimidation of this case, including the following: (a) the Defendant’s first intimidation was bad in the nature of the crime; (b) the Defendant did not receive a letter from the victim of assault; and (c) the criminal record of violent crimes, including the crime of domestic violence, was committed once a suspended sentence and three times a fine; and (d) the criminal record of these crimes, including two times a suspended sentence; and (e) there is a high possibility of
However, it is also recognized that the defendant recognized the crime of this case and reflected, agreed with the victim of special intimidation, and there is no criminal record.
In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, motive and background of crime, means and consequence of crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.