폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The prosecutor's appeal is dismissed.
1. The lower court’s punishment (two months of imprisonment and two years of suspended execution) against the Defendant as to the summary of the grounds for appeal is unreasonable.
2. In light of the following circumstances: (a) the Defendant had 4 times the previous department of judgment; (b) the Defendant had not been able to commit the instant crime; (c) the confession of the Defendant; (d) the fact that the instant crime was committed by contingency; (c) the victim and the victim have agreed smoothly; and (d) the Defendant’s age, character and conduct, environment, details of the instant crime; and (e) other circumstances that are the conditions of sentencing, such as the circumstances after the commission of the instant crime, the sentence of the lower court cannot
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.