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The appeal by the prosecutor is dismissed.
Reasons
1. Of the facts charged against the Defendant, the lower court dismissed the prosecution on the charge of assault and injury, and convicted the Defendant, and only the Prosecutor appealed on the ground of unreasonable sentencing as to the guilty portion of the lower judgment.
Although the public prosecutor stated "total amount" in the petition of appeal, there is no statement in the petition of appeal concerning the dismissal of public prosecution as to the grounds for appeal, and there is no statement in the petition of appeal concerning the grounds for appeal.
Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.
Ultimately, among the judgment of the court below, only the guilty portion of the defendant belongs to the scope of this court's trial.
2. The summary of the grounds for appeal (e.g., e., g., 7 million won) of the lower court’s sentence (e., g., e.,
3. The crime of this case was committed by assaulting the victim who is a wife, and the liability for the crime was not less severe in light of the gravity of harm and injury that may affect society as a whole, and the defendant was punished for violent crimes three times (two times a suspended sentence of imprisonment and one fine). Furthermore, the defendant committed the crime of this case without being able to do so during the suspended execution period for the same kind of crime, and the defendant was not able to do so after the crime was committed, such as intimidation to the victim, etc.
However, the defendant's mistake is deeply divided and reflected, and there has been no history of punishment until now, the victim withdraws a divorce lawsuit filed against the defendant, and does not want to punish the defendant by reconciliation with the defendant who is the husband, and it seems that the defendant and the victim are trying to live in a single family at present, and the defendant supports the wife and children who are the victim.