폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., both types of imprisonment and nine months) of the lower court’s punishment against the Defendant is deemed unreasonable.
2. The fact that the defendant did not agree with the victim is disadvantageous to the defendant.
However, in full view of the fact that there was no criminal records against the defendant exceeding the suspended sentence, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the court below's sentence against the defendant is too uneasible and unfair. Thus, 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 as it is without merit. It is so decided as per Disposition.