상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 160 hours) is too uneasible and unreasonable.
2. The judgment of this case is an unfavorable circumstance to the defendant, for the following reasons: (a) the fact that the defendant was divingd when he was the victim; (b) the victim was inflicted an injury requiring approximately eight weeks of treatment; and (c) the fact that there was no agreement with the victim and no measure was taken to recover the damage.
However, in full view of all the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means, consequence, and circumstances after the crime, etc., the sentence of the court below is too unfeasible and unfair. It is not recognized that the sentence of the court below is too unfasible.
3. The appeal by the prosecutor of the conclusion 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.