Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is unreasonable because it is too unfasible.
2. The lower court, under the circumstances unfavorable to the Defendant, sentenced the above punishment by taking account of the fact that the Defendant had a majority of the same military force for the last ten years, the Defendant had no same military force other than the previous criminal records in the judgment, and the Defendant committed an drunk crime, and then committed a crime under the influence of alcohol, the court, which led to the confession of the crime in a net order, and the victim does not want the punishment by making a prompt agreement with the victim, the Defendant was frightened at the expense of the victim, and the Defendant’s military service relationship, and the fact that the Defendant’s military service relationship, and the fact that the Defendant was supported by a sentence against the previous criminal records and the crime committed by which the judgment could have been rendered together with the judgment
In addition to the circumstances considered by the court below, the defendant, other than the circumstance, shall be considered as favorable circumstances, such as the currently hospitalized treatment due to the existing proof of alcohol, the depression, and the fact that continuous medical treatment and observation are needed for a long time.
In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.