Text
The prosecutor's appeal is dismissed.
Reasons
1. The sentenced by the court below to the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.
2. The crime of this case is an unfavorable circumstance where the defendant, who had drinking at a drinking house, took the face of the victim who had drinking at the beer mnanm without any particular reason, and the crime of this case is not good in light of the circumstances of the crime and the risk, etc., and the defendant has been punished several times for the same crime. In particular, on February 14, 2013, he/she was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the same Act on the Punishment of Violences, etc. (a collective deadly weapon, etc.) and committed the crime of this case without being convicted even though he/she had been during the period of repeated crime after the execution of the punishment was completed on October 29, 2014.
On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, and for the defendant to reach the judgment of the court, the victim wanted to take the defendant's wife by agreement with the victim, the defendant seems to have caused contingent crimes of this case, and the degree of injury of the victim is not much severe.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.
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. It is so decided as per Disposition.