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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.
2. Determination
A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
As to the instant case, the health team and the Defendant appeared to have been absent several times in the trial process at the court below and the court below, but the prosecutor did not submit new sentencing data at the court below, and the Defendant did not have any record of having been punished for the same kind of crime, and the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant had a criminal intent to commit the instant crime with a conclusive defraudation, and the sentencing grounds revealed in the proceedings of the instant case, including the Defendant’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the sentencing of the court below is too unfeasible, and thus, the 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 Disposition.