상해
The prosecutor's appeal is dismissed.
The judgment below
The part of the compensation order shall be revoked.
An application filed by an applicant for compensation shall be dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year of suspended sentence for six months of imprisonment) is too unhued and unreasonable.
2. The victim's degree of damage is significant; the defendant has been punished four times for the same kind of violent crime; however, the defendant's mistake is recognized and reflects his fault; the defendant seems to have reached an contingent crime; and the defendant has reached an agreement with the victim during the trial. In full view of the circumstances leading to the crime of this case, the circumstances following the crime of this case, the defendant's age, character and conduct, and environment, etc., the court below's punishment is too uneasible and unreasonable. Thus, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's appeal is without merit, and the defendant has reached an agreement with the applicant for compensation in this court, and thus, the part of the court below's order of compensation among the judgment below is revoked in accordance with Articles 33 (4), 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings, and the application for