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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with 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.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.
The lower court determined the punishment by taking into account the favorable and unfavorable circumstances of the Defendant.
In full view of the fact that the Defendant was found to have committed a crime in the past and in the past, the fact that it is difficult to see that the Defendant led the crime, and the fact that the Defendant did not have the same kind of power, the circumstances that are favorable to the Defendant, such as the fact that the amount of damage is not significant, the circumstances that are disadvantageous to the Defendant, such as the Defendant’s age, character and behavior, and environment, and all the conditions of sentencing as shown in the records and arguments, it cannot be deemed that the
(A) The court below's order to provide community service for 160 hours cannot be deemed to have exceeded the reasonable scope of discretion in view of the following: (a) although the defendant reduced the time of the community service order; (b) considering the favorable circumstances as above, the court below suspended the execution of imprisonment to the defendant; and (c) considering the possibility that the community service order can be executed in consideration of the given condition or health condition of the person subject to execution; and (d) the period of suspension of execution sentenced to the defendant, etc., the court below's order to provide community service for 160 hours is difficult to be deemed to have exceeded the reasonable scope of discretion.