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The prosecutor's appeal is dismissed.
Reasons
1. The sentence of the court below (two months of imprisonment, two years of suspended execution, two years of probation) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. The instant crime of this case regarding the grounds for appeal is subject to strict punishment for the Defendant in light of the following: (a) the Defendant committed an assault against the victim in the future in the vehicle in which the victim is driving; (b) the nature and circumstances of the crime are not good; (c) the Defendant had been punished several times for the same kind of crime; and (d) the Defendant did not recover from damage up to the trial.
However, in full view of the following factors: (a) the Defendant recognized the instant crime and recognized the Defendant’s depth; (b) the degree of damage to the victim is relatively minor; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the sentencing conditions under Article 51 of the Criminal Act as stated in the instant records, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too un
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.