상해
The prosecutor's appeal is dismissed.
Summary of Grounds for Appeal
The sentence of the court below (two years of suspended execution for one year of imprisonment, two years of probation, and one hundred and twenty hours of community service) is too unhued and unfair.
Judgment
Many of the defendants have criminal records of the same kind of violence, and the defendant has not yet agreed with the victim is an unfavorable sentencing factor.
However, considering the following factors: (a) the Defendant recognized his mistake and reflects the fact that the instant crime was committed; (b) the Defendant appears to have been committed contingent; (c) the Defendant deposited KRW 3 million for the victim; and (d) the Defendant had no record of being punished for the same crime for the last ten years; and (c) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime; (d) circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too uneasible and unreasonable, and thus
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.