2016No75 Injury, Violence

A

Prosecutor

Postal decoration (prosecution)

Attorney G (Korean National Assembly)

Chuncheon District Court Decision 2015Ma458 Decided January 15, 2016

September 8, 2016

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the lower court (two months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unhued and unreasonable. 2. Determination

It is desirable to respect the sentencing of the first instance court in cases 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. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the opinion of the appellate court is somewhat different from that of the appellate court (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

In full view of all of the factors for sentencing specified in the records of this case, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion, and there is no room for change of circumstances, and the prosecutor’s assertion of unfair sentencing is without merit.

3. Conclusion

Therefore, the prosecutor's appeal is dismissed without holding a pleading under Article 364 (5) of the Criminal Procedure Act since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

The presiding judge, judge and Mapo-young

Judges Lee Jin-jin

Judges Park Jae-young