상해
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of community service order) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
In addition to the punishment of homicide in 1994, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of homicide in 1994, the Defendant was sentenced to a fine of 1.5 million won in 2010 and a fine of 1 million won in 2015.
Circumstances favorable to the defendant shall be as follows:
The Defendant recognized all of the crimes of this case and reflected in the instant case.
The Defendant agreed with the victim in the lower judgment.
The degree of injury of the victim is less severe.
The defendant seems to have caused the crime of this case by drinking and contingently.
Defendant operates mid-term equipment business for 15 years, and lives in good faith as members of society.
In addition, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.