상해등
Defendant
All appeals by prosecutors are dismissed.
The gist of the grounds for appeal by the defendant is that the punishment of the court below (six months of imprisonment) which sentenced the defendant is too unreasonable in light of the fact that the defendant's mistake is against the defendant and the circumstances leading to the crime, etc., and the gist of the prosecutor's appeal grounds is that the defendant has been punished by suspension of execution and fine due to violence, and that the defendant has no agreement to inflict serious injury on the victim, etc., the above punishment of the court below is too unfair.
In light of the above circumstances asserted by the Defendant and the Prosecutor, the lower court appears to have determined the type and amount of punishment by taking into account all the above circumstances, and there is no special circumstance or change of circumstances that may be newly considered in sentencing after the lower judgment was pronounced.
In full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, and environment, the sentence of the lower court cannot be deemed to be appropriate and unfair because it is too heavy or unbrupted.
Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.