Text
The prosecutor's appeal is dismissed.
Reasons
The prosecutor appealed for the reason that the sentence of the judgment of the court below sentenced 2 years of imprisonment and 3 years of suspended execution, which resulted in the death of the defendant by assaulting his own punishment, is too minor.
As alleged in the grounds of appeal by the prosecutor, the Defendant committed a serious consequence of the death by assaulting a punishment in a state of mental or physical injury at the time of committing the crime, and even if the investigation was initiated, the Defendant’s attitude to conceal his crime was presented upon the commencement of the investigation. As such, a suspended sentence imposed by the court below may be somewhat unfasible in light of the content and nature of the Defendant’s
However, as stated in its holding, the court below's punishment against the defendant, which comprehensively takes into account the unfavorable circumstances and favorable circumstances for the defendant, has been determined within the scope of the recommended sentencing guidelines set by the Supreme Court's sentencing committee, and is sufficiently acceptable in comparison with the various sentencing factors for the defendant in the pleading.
Unlike the prosecutor's assertion, it seems that the punishment is too unaffortable so far as it should be reversed.
We do not accept the prosecutor's unfair argument of sentencing.
Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.