상해
The prosecutor's appeal is dismissed.
1. In light of the purport of the grounds for appeal and the fact that the Defendant, who had been subject to criminal punishment 18 times due to the same injury as this case, committed the instant crime without being aware of at all, and that the victim is punished against the Defendant as the victim did not agree with the victim, etc., the lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.
2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstance after the crime, etc., as well as the fact that the defendant appears to have committed the crime in the first instance court, and that it appears that the defendant was in a profoundly against the defendant while carrying out mediation in civil litigation with the victim, and that the victim would not be punished against the defendant. In addition, if the court below's sentencing conditions as mentioned in the records and arguments are taken into account, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be recognized that the
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.