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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a special injury crime in the market: six months of imprisonment and two years of suspended sentence, and assault crime in the holding: imprisonment with prison labor for three months and two years of suspended sentence) of the lower court is too unfased 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 in the appellate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant committed an act, such as she was aware of the fact that the victim’s head was in danger of causing a serious loss of human life due to an injury to the victim’s head, and that the Defendant did an act, such as she did not know even though the Defendant was in the form of his/her body, and she she she she she she she she she she she and she she she she she she she she sheslick and she she she she she shes
However, considering the Defendant’s age, character and behavior, environment, economic circumstances, motive, means and consequence of the crime, and the circumstances before and after the crime, the lower court’s respective sentence against the Defendant cannot be deemed unreasonable, considering the following factors: (a) the Defendant’s health status is not good due to cerebrovassis; (b) the degree of injury to the victim in the case of a special injury; and (c) the equity in the case where the judgment was rendered simultaneously with the final judgment; and (d) the Defendant’s age, character, character, environment, economic circumstances;
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per
However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the following "Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation" in the application of Article 25(1) of the Rules on Criminal Procedure for the crime of special injury at the time of sale shall be corrected as "the favorable circumstances among the reasons for sentencing".
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