특수폭행
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) considering the fact that the nature of the crime in light of the risk of the means to commit the instant crime is light, and the use of several times of violence against the victim who was a female-born female, the lower court’s punishment (the suspended sentence for six months of imprisonment) is too uneasy and unreasonable.
2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently taken into account when determining the punishment at the lower court. Moreover, considering the following factors: (a) the Defendant, who did not have any criminal power, runs deeply against the mistake while committing the instant crime; and (b) the Defendant agreed with the victim, etc. in the course of the instant argument, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unfeasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.