Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the lower court (eight months of imprisonment), and that the prosecutor is too unfased and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age, method of crime, degree of damage (around 2 weeks of therapy and snow strings, etc.), criminal records, and the scope of the recommended punishment according to the sentencing guidelines (from June to February and September), which are shown in the hearing of the lower court and the political party, and the scope of the recommended punishment according to the sentencing guidelines, the punishment sentenced by the lower court cannot be deemed as being too heavy or too unreasonable.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.