폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 120 hours of probation and community service order) of the lower court is too unhued and unreasonable.
2. In light of the fact that the crime of this case committed by the Defendant was committed with an empty beer who is a dangerous object to the victims who are working for the workplace, and the Defendant committed the crime of this case with heavy nature of the crime, and despite the fact that the Defendant had been punished for the crime of assault in 2014, even though he had the record of punishment for the crime of assault in 2014, there seems to be a need to punish the Defendant strictly.
However, in light of all of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant appears to have committed the instant crime in the state of full exploitation; (c) the Defendant was smoothly agreed with the victims; (d) the degree of injury to the victims is not much serious; and (e) other various sentencing conditions specified in the instant argument, including the Defendant’s age, character and conduct, family environment, etc., it is not recognized that the sentence of the lower court is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.