상해
The prosecutor's appeal is dismissed.
1. Although the nature of the crime does not seem to be somewhat weak in light of the part and degree of the injury suffered by the victim, the defendant admitted the causal relationship as to the injury in the court below and took the responsibility of the victim. Considering the fact that the circumstances after the crime do not seem to have been taken into account, the punishment of the court below (three million won of fine and one year of suspended execution) is too unreasonable.
2. We examine the judgment, and consider the above circumstances asserted by the prosecutor in the court below as being sufficiently considered in determining the punishment at the court below. Moreover, considering the following factors: (a) the Defendant was the first offender who has no criminal power at all and committed the instant crime; (b) reflects the mistake in depth; and (c) took into account the circumstances leading up to the commission of the instant crime; and (d) smoothly agreed with the victim, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too unfeasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.