상해등
The prosecutor's appeal is dismissed.
1. In relation to the mistake of facts or misapprehension of legal principles on the grounds of appeal (in relation to the point of injury resulting from violence, it is difficult to view that there is a justifiable reason in response to the defendant's refusal to leave: in relation to the point of obstruction of business, it does not constitute a justifiable act) and unfair sentencing. 2. The decision of this court
A. In light of the records as to the assertion of mistake of facts, we affirm the first instance court's determination of not guilty of each of the charges of assault, bodily injury, non-compliance with withdrawal, and obstruction of business for the reasons as stated in its reasoning, and there is no illegality such as misunderstanding of facts that affected the judgment, and thus, the prosecutor's above assertion
B. Although an agreement with the victim on the assertion of unfair sentencing was not reached, the defendant did not have a similar type of criminal records, the extent of assault is very minor, the defendant appears to be a contingent crime, and other circumstances revealed in the arguments in this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime in this case, and circumstances after the crime, etc., are comprehensively considered, and thus, it cannot be deemed that the sentence imposed by the court of first instance is too unjustifiable, and thus, the prosecutor's above assertion disputing this point cannot be accepted.
3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.