폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. In light of the fact that the gist of the grounds for appeal is not good, and that there is no agreement with the victim, the sentence of imprisonment (one year and six months of suspended execution, two years of suspended execution, and two hundred hours of community service) imposed by the court below is too unfasible and unreasonable.
2. The circumstances are disadvantageous to the Defendant, such as the following: (a) the method of committing a crime is dangerous, the victim’s injury is relatively heavy, and the victim wants to punish the Defendant.
However, there are circumstances to consider the circumstances leading to the crime, such as the victim's first throwting the glass cup, and the fact that the defendant is the first offender, and the defendant's failure to repeat the crime is against the defendant and not repeat the crime, which are favorable to the defendant.
In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, as seen above, since the punishment imposed by the court below against the defendant cannot be deemed unfair because it is too uneasible, the prosecutor's assertion as above is without merit.
3. In conclusion, 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.