폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is as follows: (a) even though the Defendant inflicted an injury on the victim C (hereinafter “victim”) who is the wife on July 8, 2012 and was suspended from indictment, the instant crime was committed again on October 25, 2012; (b) the nature of the instant crime was not less than that of the victim; (c) the Defendant was not against the investigation agency to deny the instant crime from the criminal investigation agency to the court below; (d) the Defendant was not aware of the apartment door in common residence after February 26, 2013; and (e) the two victims and children live in Busan-friendly state of the victim; (e) the victim is responsible for raising their children; and (e) the Defendant did not intend to seek or agree on the written consent of the victim. In light of the foregoing, the lower court’s sentence is unreasonable.
2. Taking into account the circumstances alleged by the prosecutor in the judgment, the following circumstances are considered: (a) the defendant repents the defendant's mistake; (b) the degree of injury of the victim is not deemed to be serious; (c) the defendant deposited 2 million won for the victim; (d) the defendant has no criminal records except the records of disposition suspending indictment; and (e) the defendant appears to have low possibility of recidivism; (c) the defendant appears to be able to realize the effectiveness of recidivism through probation sentenced by the court below; (d) the defendant pays 600,000 won per month to the victim's child support; (e) ultimately, division of property or parenting of children seems to be resolved through a divorce lawsuit in progress between the victim and the defendant; and (e) other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's character, conduct and environment, etc., the prosecutor's assertion
3. Conclusion.