폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unfilled and unreasonable.
2. The fact that the defendant again committed the instant crime even though he/she was punished several times for the same crime, and that he/she did not take measures to recover damage, such as agreement, is disadvantageous.
On the other hand, the fact that the type of the defendant exercised or the degree of the victim's injury seems to be relatively minor is favorable.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.