폭력행위등처벌에관한법률위반(상습폭행)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.
2. On March 201, 2013, the Defendant was sentenced to imprisonment for a crime of violence on and around December 2, 2013, and again committed the instant crime during the period of repeated crime, and the Defendant has a variety of records of punishment for a crime of violence, etc. that are disadvantageous to the Defendant.
However, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the Defendant’s assault in this case was committed once on the floor of hand, and the degree of assault is relatively minor, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate and its determination is not unreasonable
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.