Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of community service order) is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment against the Defendant by taking into account the favorable circumstances, such as the following: (a) the Defendant committed the instant crime, under the circumstances as indicated in its holding; (b) the fact that the Defendant committed the instant crime despite having been punished twice for the same kind of crime; (c) the Defendant recognized and reflects his mistake; (d) the Defendant was unable to pay wages, etc. due to business difficulties; and (e) the Defendant did not appear to have delayed payment of wages, etc. in bad faith; and (e) there is no special circumstance or change of circumstances to change the sentence of the lower court in the trial; and (e) taking into account the various circumstances, including the Defendant’s age, character and behavior, motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime,
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.