폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (a sentence of three years of suspended execution in one year and six months of imprisonment, and a community service order of 120 hours of imprisonment) is too uneased and unreasonable.
2. The crime of this case requires a strict punishment for the defendant in light of the following facts: (a) the defendant brusium and steel flusium, which are dangerous things; and (b) assaulted the victim for about 49 days and inflicted an injury upon the victim in need of medical treatment; (c) the nature of the crime is not good in light of the background, method, and content of the crime; (d) the degree of injury suffered by the victim was serious; and (e) the victim did not agree with the victim until the trial was held.
However, in full view of all the circumstances, including the defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below cannot be deemed to be too unjustifiable, and thus, the prosecutor’s assertion is without merit, as it is difficult to deem that the sentence of the court below is too unreasonable.
3. Therefore, 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. It is so decided as per Disposition.