상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of suspended sentence for four months of imprisonment, one year of probation observation order, and one hundred and sixty hours of community service order) is too unfluened.
2. The judgment is difficult to view that the defendant's mistake was divided into a truth by denying that the defendant's act and the victim's injury occurred between the defendant's injury and the victim's injury result, and it is difficult to see that his mistake was divided into a truth. In light of the circumstances that the defendant committed the crime in this case and the criminal act in the same kind of crime in this case, the defendant was punished one time as imprisonment with prison labor, and the defendant was unable to receive a letter from the victim due to an agreement with the victim, but there seems to be very difficult circumstances, and there are some circumstances to consider the motive or circumstance leading to the crime in this case. Since 2009, the defendant seems to have been living relatively in good faith without any specific criminal history, and the degree of damage is likely to have been expanded due to the victim's age and health condition, and other various circumstances that the defendant committed the crime in this case, taking into account the sentencing conditions as shown in the records, such as the defendant's age, sex, environment, occupation, family relation, etc., it cannot be deemed 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.