특수상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, two years of suspended sentence, 40 hours of attending lectures for violent treatment, 80 hours of community service order) is too uneasy and unreasonable.
2. The instant crime is an unfavorable circumstance to the Defendant, in light of the Defendant’s attitude and risk of committing the instant crime, given that the Defendant was frighten of the victim’s head due to beer and beer, the nature of the relevant crime is not good in light of the type of the act and risk thereof.
However, there is no history of criminal punishment exceeding a fine against the defendant, and the defendant did not pay KRW 4 million after having agreed with the victim on the condition that he would pay KRW 4 million to the victim. However, in full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.