상해
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s appeal of this case is that the defendant was sentenced to three years of imprisonment with prison labor for the crime of injury, who was sentenced to the suspension of the execution of four months, and the defendant inflicted bodily injury on the defendant by means of tringing the victim’s head and damaging the victim’s chest by hand during the suspension of the execution of the execution of the crime, and the crime is not good, and the defendant has several records of criminal punishment for the same crime, and there is a risk of re-offending. In light of the above, it is unreasonable for the court below to impose a fine of three million won to impose excessive punishment.
2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s sentence is not deemed to be unfair even if it is considered in light of the motive and background of the instant crime, the circumstances before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc., such as the fact that the Defendant commits the instant crime, drinking alcohol and contingently, the degree of assault is relatively minor, and the victim expressed his intent that he does not want to punish the Defendant. In so doing, the above assertion is without merit.
3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.