특수폭행
The prosecutor's appeal is dismissed.
The lower court rendered a judgment of dismissal of prosecution on the grounds that the victim had withdrawn his/her wish to punish the Defendant after filing a prosecution on intimidation, and that the court convicted him/her of the remaining special assault.
As a result, only the prosecutor appealed on the guilty part, the dismissed part was separated and determined as it is, and it was excluded from the object of the judgment of this court.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, and probation) of the lower court is deemed to be too uneasible and unfair.
3. In comparison with the judgment of the court below, there is no change in the conditions of sentencing in this court, and the sentencing of the court below is difficult to be deemed to have exceeded the reasonable scope of discretion, and considering all the circumstances indicated in the records and arguments of this case, including the defendant's age, character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unjustifiable.
Therefore, prosecutor's assertion is not accepted.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.