특수상해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, and 80 hours of social service) is too unfluent and unfair.
2. The following determination is an unfavorable circumstance to the Defendant.
The crime of this case is very bad in that the defendant's shouldered beer disease causes a knife with the victim's knife, and the crime of this case may cause more fatal results to the victim.
In light of the defendant's behavior at the time of committing the crime or the criminal records immediately before committing the crime, even though the defendant appears to have committed the crime of this case with his awareness, the defendant stated from the investigative agency that he had no memory as to the situation at the time of committing the crime of this case, and the attitude after committing the crime is bad.
The defendant has a record of criminal punishment several times for violent crimes.
On the other hand, the following conditions are favorable.
Criminal records of the defendant's violent crime are punished by a fine.
The defendant immediately before the pronouncement of the first trial does not want to be punished against the defendant by agreement with the victim.
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., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.
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.