폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution) is too unhued and unfair.
2. The judgment of the court below is based on the following facts: since the crime of this case was committed by the defendant with a knife, which is a lethal weapon, and the crime of this case was committed by the victim with a knife with a knife
However, in light of the fact that the defendant recognized the crime of this case, all of the defendant paid 8.7 million won to the victim, agreed that the defendant was guilty of having been sentenced to a fine for the same kind of crime, but it is difficult to conclude that the defendant was in danger of re-offending, as the punishment was imposed for the crime of this case for about 10 years, it is difficult to conclude that the defendant was in danger of re-offending, the defendant's current health status is not good, and all of the sentencing conditions indicated in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the sentence imposed by the court below is deemed unfair. Thus, the prosecutor's above assertion is not acceptable.
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.