상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is three times the criminal defendant was sentenced to a fine, and the crime of this case is not likely to be committed in case of the victim without any reason. Although the defendant agreed with the victim, the punishment (one million won of fine) imposed by the court below is too uneasible and unfair.
2. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable, in light of the following: (a) although the Defendant was under the influence of alcohol and assaulted against the victim without any justifiable reason, the victim did not want punishment; (b) the Defendant is taking a warning against the depth of the crime in this case; and (c) the Defendant’s withdrawal of alcohol with respect to the tendency to display violence due to the lack of reason as to the crime in this case; and (d) the Defendant’s age, character and behavior, character and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc
The prosecutor's assertion of unfair sentencing is without merit.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.