2. The judgment of the defendant who was sentenced to the suspended sentence of imprisonment with prison labor and assaults the victim with a dangerous object without being aware of it during the suspended sentence, and there are records of past punishment for the same crime, etc. are disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant was found to have committed a special assault when the Defendant was in the trial; (b) there was no record of being punished in excess of a fine for the same crime; (c) the Defendant committed the instant crime during the period of suspended execution; (d) the Defendant agreed with the victim of a special assault; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) other various conditions of sentencing as indicated in the pleadings, including the circumstances after the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the factors of sentencing specified in the oral proceedings in this case; and (e) there was

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.