상해
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. In light of the form and method of the instant crime, etc., it is recognized that: (a) the Defendant was sentenced to criminal punishment more than once due to the same kind of violent crime, etc.; (b) on May 25, 2016, in the Daegu District Court Port Support, the Defendant was sentenced to six months of imprisonment; and (c) on June 2, 2016, the judgment became final and conclusive; (d) the Defendant committed the instant crime on July 23, 2016 and around August 22, 2016, each of which was sentenced to a fine, even though he was sentenced to a fine for the commission of the instant crime, and committed the instant crime on August 22, 2016, and committed the instant crime while being tried at the lower court due to the instant crime.
However, the defendant led to the confession of the crime and divided his mistake, the degree of the victim's injury (around 14 days in front of the victim's injury, etc.) is relatively weak, and the victim does not want the punishment against the defendant by making payment of 1 million won to the victim, and the victim does not want the punishment against the defendant. The records of the suspended execution as mentioned above are the crime of double crime, and there is no past record of the defendant being punished more severe than a fine. When the defendant choose imprisonment with prison labor, the sentence of suspended execution for the above six months is effective. Considering the various circumstances favorable to the defendant, it seems somewhat harsh, and considering the above circumstances favorable to the defendant, it appears that the above sentence of imprisonment with prison labor for the above six months is somewhat harsh, and it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion, considering all the sentencing conditions stated in the argument of this case, such as the defendant's age, sexual behavior, environment, motive, means and result of the crime, and circumstances after the crime.
Therefore, prosecutor's assertion is without merit.
3. Conclusion.