상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) of the lower judgment is too unhued.
2. Determination: (a) the degree of injury suffered by the victim is not easy; (b) the two-time criminal records are used; (c) the crime is committed during the period of repeated crime; (d) the Defendant is committed against the Defendant’s confession while committing the crime; (e) the fact that the Defendant has agreed with the victim; and (e) the fact that the criminal records of repeated crime are crimes of this kind are favorable sentencing grounds.
In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, 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.