특수상해
The prosecutor's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of 10 months, the suspension of the execution of 2 years, the community service work 40 hours, the forfeiture) is too unfluent and unfair.
2. Circumstances unfavorable to the defendant are as follows.
The crime of this case is committed by the defendant while under the influence of alcohol with the kitchen knife of the victim, and the method is very dangerous.
In the case of injury inflicted on the victim by the defendant, the degree of injury is serious with damage to the window of the chest wall that needs to be treated for about three weeks, and with the chest of external blood.
Circumstances favorable to the defendant shall be as follows:
The defendant is led to confession, has been detained for a considerable period of time, and is in depth against his depth.
The Defendant committed the instant crime in a contingent manner in the course of suspected and accuseding the victim’s external appearance. The Defendant knew that the victimized person was injured, and immediately reported the victimized child to 119.
The defendant agreed with the victim, and the victim does not want to punish the defendant.
The defendant is an initial offender who has no record of punishment.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.