폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment, a fine of one hundred thousand won) is unreasonable as it is excessively unhued.
2. The crime of this case is found to be an unfavorable circumstance such as: (a) the Defendant, while drinking alcohol and drinking the victim’s head on one occasion due to a fluoral disease in a state of mental disorder; (b) the victim’s face and part of the victim’s face; and (c) the Defendant committed an act of disturbance in the police station, which requires treatment for two weeks; and (b) the Defendant committed an attack on the human body’s fluoral disease, which is a dangerous object; (c) the risk of the method of the crime is very serious; and (d) the Defendant was punished for violent crimes including special obstruction of performance of official duties in the past; and (e) the Defendant committed the crime of this case during the period of
However, in full view of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., it is difficult to deem that the lower court’s punishment is too unjustifiable and unreasonable, in light of the following circumstances: (a) the Defendant committed the instant crime in a state of mental disorder; and (b) the victim did not want the punishment of the Defendant; and (c) the Defendant’s age, character and conduct, motive, means and consequence,
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.