특정범죄가중처벌등에관한법률위반(보복폭행등)등
The prosecutor's appeal is dismissed.
1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, etc.) on the summary of the grounds for appeal is deemed to be too uneasy and unfair.
2. Determination is an unfavorable circumstance, such as that the Defendant inflicted an injury on the victim, that the victim agreed with the victim of the defect reported to KRW 3 million, and that he/she inflicted an assault on the victim again for the purpose of flaging and retaliationing him/her.
However, there are favorable circumstances such as the fact that the defendant repents the defendant's mistake, the degree of injury and assault suffered by the victim is not much serious, and the fact that the defendant has reached a unanimous agreement with the victim.
The lower court determined the sentence by comprehensively taking account of such circumstances as the sentencing guidelines set by the Sentencing Committee and other factors as the Defendant’s age, sex, environment, and the circumstances after the instant crime, etc., as well as all the sentencing conditions as shown in the argument in the instant case.
When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.
As there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too uneasible.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
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.