특수상해
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair punishment) of the lower court's punishment (limited to eight months of imprisonment, two years of suspended sentence, and an order to attend lectures for probation and violent therapy) is too uneasy and unreasonable.
Judgment
The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the prosecutor as the grounds for appeal, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However) However, it is apparent that the application of the law of the lower judgment was omitted “1. Discretionary mitigation” and “Article 53 and Article 55(1)3 of the Criminal Act” at the lower end, and thus, it is ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.