폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is as follows: (a) the sentence imposed by the lower court on the Defendant (the suspended sentence for ten months of imprisonment) is too unhued and unfair.
2. The risk of a deadly weapon used by the Defendant, and the quality of the offense of the Defendant is not good in that the victim has actually been injured by the said deadly weapon;
However, considering the following circumstances: (a) the Defendant was under the influence of alcohol at the time, and the Defendant’s wife was forced to make indecent acts by compulsion from the victim, resulting in a contingent crime; (b) the Defendant agreed with the victim only by himself; (c) the Defendant did not have any other criminal records other than the criminal records of a minor fine once in the past; and (d) the Defendant appears to repent and reflect the instant crime even during the trial; and (e) other circumstances that form the conditions for sentencing as indicated in the instant records and arguments, such as the motive and circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal 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.