특수상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of suspended execution, community service order, confiscation) imposed by the court below on the defendant is too unfasible and unreasonable.
2. Circumstances unfavorable to the judgment on the grounds of appeal: the crime of this case is not likely to be committed with a knife knife of the victim's left part of the knife, a dangerous knife.
Defendant has been punished for the same kind of crime.
The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.
The crime of this case shall take into account the case of equality and the case of concurrent crimes in relation to the relationship between the previous conviction in the judgment of the court below and the latter one after Article 37 of the Criminal Act.
The sentencing criteria shall not apply to the crimes of this case, including the above unfavorable circumstances, the Defendant’s age, character and character environment, relationship with the victim, motive means of crime, result of crime, circumstances after crime, etc., which are shown in the arguments and records of this case, including the crime committed in this case.
In full view of the above, it is not recognized that the sentence imposed by the court below is too unhutiled and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.