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The prosecutor's appeal is dismissed.
Reasons
The gist of the prosecutor's grounds for appeal is that the court below's sentence (one year of imprisonment) which sentenced the minimum sentencing guidelines of the sentencing committee of the Supreme Court is too uncomfortable, in light of the following: (a) the defendant had the same criminal records nine times since 2000 and the defendant had committed the instant crime for the purpose of retaliation for the purpose of retaliation during the suspension of execution due to the long time after the release of the defendant; and (b) the defendant did not endeavor to agree with
Considering the fact of crime from the court of the court below to the trial of the court below, the defendant's mental health status appears to have an impact on the crime (the defendant was diagnosed by the depression and administered pharmacologic, and the victim also testified that it is necessary to undergo mental and medical treatment because there is a symptoms that the defendant had been satisfyed by the prosecutor because of the symptoms that the defendant had been satisfyed by diagnosis by the depression, and the victim had been satisfyed by the prosecutor) as favorable circumstances, the defendant committed the crime of this case at approximately one month in the period of suspension of execution after release, and the victim was a large mental shock to the extent that the dwelling and place of business were altered due to the crime of this case, the victim was sentenced to the punishment of the defendant and the fact that the defendant had a number of criminal records of the same kind, including the records
Considering all the above sentencing conditions indicated in the argument and record of the instant case, it cannot be deemed that the sentence of the lower court is too unjustifiable compared to the extent of the Defendant’s responsibility.
Therefore, 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.