Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a six-month period of suspension of execution, one hundred and fifty hours of community service) is too uneased and unreasonable.
2. The lower court rendered a sentence by taking into account the circumstances favorable to the Defendant and unfavorable circumstances, as seen above.
In full view of the various sentencing conditions indicated in the records, including the following circumstances in the court below’s explanation on the sentence of sentence, including the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below cannot be deemed unfair because it is too unfeasible.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 46(1) and Article 46(3)1 of the Animal Protection Act (amended by Act No. 14651, Mar. 21, 2017); Article 46(1), Article 8(3)1, and Article 14(1)1 of the former Animal Protection Act (amended by Act No. 14651, Mar. 21, 2017); Article 3 of the said Act “(Violation of the Animal Protection Act)” is each clerical error in the judgment of the court below, “(the act of killing an lost animal)” (Article 46(1) and Article 46 subparag. 3(3)1 of the same Act, and it is obvious that it is ex officio correction of any error under Article 5(1)5 of the Criminal Procedure Act.