상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 3 million imposed by the court below to the defendant is too unhued.
2. The crime of this case is acknowledged in light of the following circumstances: (a) the Defendant suffered bodily injury for two weeks from the victim’s face by taking the victim’s face as head; (b) in light of the motive of the crime or the circumstances leading up to the crime; (c) the Defendant had a record of criminal punishment for the same kind of crime, such as violence or bodily injury; (d) the Defendant did not agree with the victim; and (e) there was no evidence to recognize that the Defendant made efforts to recover damage.
However, in full view of the following circumstances: (a) the Defendant is against the Defendant; (b) the degree of injury of the victim appears to be unreasonable; (c) there is no history of criminal punishment other than a fine; and (d) there is no history of criminal punishment after 2009; and (c) other various circumstances, such as the Defendant’s age, environment, occupation, family relationship; and (d) the background leading to the instant crime; and (e) circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable.
Therefore, prosecutor's assertion is without merit.
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.