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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the suspended sentence of a fine of KRW 200,00 (a fine of KRW 200,000) declared by the court below
2. The fact that the defendant appears to have not reached an agreement with the victim is disadvantageous to the defendant.
On the other hand, it appears that the victim had committed the instant crime by setting up against the assaulting of the Defendant’s wife first, and that the Defendant had no specific criminal record up to now, etc. are favorable to the Defendant.
Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unjustifiable 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.