폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that when the defendant applied for provisional seizure or auction against the victim D (hereinafter “victim”), the victim filed a criminal complaint against the victim by forging private documents, etc., and again the defendant filed a criminal complaint against each other while being investigated as a case of embezzlement, such as embezzlement of the victim, etc., the crime of this case was committed, and the motive for the crime of retaliation is inferior, such as the crime, and the defendant cannot be resolved because it does not reach an agreement with the victim, and there is a risk of repeating a crime. In light of the above, the sentence of imprisonment (three years of suspended execution in one year and six months) imposed by the court below is too uneasible and unfair.
2. Taking into account the circumstances alleged by the prosecutor of the judgment, considering all the circumstances, such as the confession and rebuttal of the defendant, the degree of injury of the victim, the defendant does not want the punishment of the defendant by mutual consent with the victim, the defendant does not want the punishment of the defendant, the defendant is old, the defendant's character, conduct and environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and the conditions of sentencing as shown in the oral arguments, the court below's sentence cannot be deemed to be unfair, and therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.