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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.
2. The crime of this case is a situation unfavorable to the defendant that the defendant is likely to smoke in the taxi under the influence of alcohol and the victim prevented it, thereby damaging the taxi and assaulting the victim. It is not good that the crime of this case was committed without being involved in the crime of injury even though it was during the period of suspended execution due to the crime of injury, and that the injured person who was unable to receive a letter from the injured person wanting to be punished for the severe punishment of the defendant.
However, the defendant acknowledges and reflects his wrongness.
The court below deposited KRW 500,00 for the victim, and agreed with the victim in the first instance.
The main figures of the defendant want to be the defendant's wife.
In addition, considering all elements of sentencing as shown in the records and arguments of this case, the sentencing of the lower court is conducted within the reasonable scope of discretion, and it cannot be deemed unfair as it is too uneasible.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.