특수상해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, two years of probation, and eight hours of community service order) is too unhued and unreasonable.
2. Circumstances unfavorable to the judgment on the grounds of appeal: The instant crime committed by the Defendant was committed by assaulting the victim D on the grounds of minor misunderstanding, resulting in injury by taking the victim's disease, which is a dangerous thing, and committed assaulting the victim Gg who admonishs the Defendant on the ground of such misunderstanding, and the nature of the crime is not good.
The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.
At the time of committing the instant crime, the Defendant was a juvenile even before he/she became an adult.
The defendant is the first offender.
The defendant's age and character environment, including the above unfavorable circumstances, favorable circumstances, relationship to victims, motive means of crime, circumstances after crime, etc., various conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines as shown in the arguments and records of this case, including the defendant's age and character environment, relationship to victims
(a) Basic area (a) there is no type 1 (a general assault) (a person subject to a special sentencing) (the scope of a recommended sentence) of a violent crime (a decision of type) (a) (a person subject to a special assault) (a person subject to imprisonment for a period from February to October);
(b) No sentencing criteria are set for concurrent crimes;
(c) Not less than two months of imprisonment with prison labor for the final scope of sentence according to the standards for handling multiple crimes (at least the lowest limit of the scope of the recommended sentence because the guidelines for sentencing are not set for concurrent crimes);
D. Considering that six months or more (the scope of the final sentence is lower than the lower limit of the applicable sentences under law, and thus, according to the lower limit of the applicable sentences under law), the Defendant’s sentence that the lower court sentenced is too uneasible and unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.