상해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the punishment of six months of imprisonment with prison labor, two years of suspended sentence, and one hundred and twenty hours of probation, community service, which the court below sentenced against the defendant is too uneasible.
2. Determination of each of the crimes of this case is acknowledged that each of the crimes of this case is committed by the Defendant on the ground that the Defendant would inflict injury on the victim on the ground that the Defendant refused to offer his proposal, and that the Defendant stolen money and valuables equivalent to KRW 4,30,000 at the market price owned by the victim, and that the case is not less complicated in light of motive for the crime and method of the crime, but less poor, and that there was a history of punishment
However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, thereby against his mistake; (b) the degree of damage is relatively minor; (c) the agreement with the victim is not good; and (d) the economic situation as a recipient of basic living security is not clear; and (b) the Defendant’s age, environment, occupation, family relationship; (c) background leading to the instant crime; and (d) circumstances leading to the instant crime; and (e) the circumstances after the commission of the 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.