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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant's custody is in a situation where his livelihood is difficult due to the confinement, and that the crime of this case appears to have occurred due to each other during the dispute.
However, during the dispute with the victim, the crime of this case was committed by the defendant who suffered an injury, such as strings, etc. which require treatment for about five weeks in consideration of the content of the crime and the degree of injury, etc., and in light of the contents of the crime and the degree of injury, etc., the crime of this case is deemed to be disadvantageous to the defendant, such as the fact that the defendant committed the crime of this case during the period of repeated crime of the same kind, and that the defendant did not agree with the victim.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, where there exists an area unique to the first instance court's determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem unfair or unfair because the court's punishment against the defendant is too uneasible or too unreasonable, considering all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.