상해
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (two million won of a fine) is too unhued so far as the gist of the grounds for appeal is unreasonable.
2. Determination
A. The instant case requires a strict punishment for the Defendant in light of the fact that the Defendant did not agree with the victim, and that the Defendant met several previous cases, as the case did not inflict an injury requiring two weeks of treatment.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to imprisonment without prison labor, led to the confession and reflect of the crime, and deposited one million won for the victim.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, living environment, details and result, etc., the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion 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.