폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The prosecutor of the grounds of appeal asserts that the sentencing of the court below (one year and six months of imprisonment, two years of suspended execution, community service order, confiscation) against the defendant is too unhued and unreasonable.
2. According to the records, the defendant can have been punished as an act of violence, and there is a circumstance that the method of crime or the degree of damage is not easy.
However, in full view of the following facts: (a) the Defendant led to the confession of the offense; (b) the Defendant did not have any previous conviction; (c) the Defendant suspected of having been sentenced to imprisonment with prison labor; (d) the relationship with the wife was restored after the instant case; (c) the victim was not punished; (d) the Defendant was obliged to support his mother under the age of 74; and (e) the Defendant had an opportunity of reflection through a prison life for approximately two months, the sentencing of the lower court is unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's argument is without merit.