상해
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who has been punished several times due to the same kind of crime as this case, committed the instant crime without being informed of the fact that he was in the period of suspension of execution; and (b) even though the degree of injury suffered by the victim is very serious, he did not receive a letter of confinement from the victim, the lower court’s fine (five million won) is too uneased 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 considered in the court below’s determination of the punishment at the court below. Moreover, considering the various sentencing factors revealed in the proceedings of the present case, such as the fact of the present case was committed by the Defendant, and the Defendant’s mistake was seriously reflected in the course of committing the instant crime, and the contingent crime appears to have resulted in the instant crime, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because it 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.