특수폭행
The prosecutor's appeal is dismissed.
1. The penalty (five million won in penalty) declared by the original court which is the summary of the grounds for appeal is deemed to be too unhued and unreasonable;
2. Considering that the Defendant committed the instant crime during the period of repeated crime for the same kind of crime, and that the Defendant has a considerable history of criminal punishment due to violent crime, the sentencing by the court below is within the reasonable scope of its discretion, in light of the following circumstances: (a) the Defendant recognized all of the instant crimes; and (b) the Defendant reflects the mistake; and (c) the victimized person by mutual agreement with the injured party does not want the punishment of the Defendant.
It is not recognized that the sentence imposed by the court of original judgment is too uneasible and unfair.
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.