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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which acquitted the victim of the injury among the facts charged of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.
2. Determination
A. Examining the evidence duly adopted and investigated by the court below in detail in light of the records, it is just that the court below found the defendant not guilty of the injury part of the facts charged of this case on the ground that the defendant did not have any proof of facts as to the crime of this case on the ground that he did not have any knee on the left side of the victim's knee, and that there was no error of mistake of facts as pointed out by the prosecutor.
The prosecutor's assertion is without merit.
B. Considering the fact that the crime of this case is not good and that the defendant did not receive a letter from the victim, strict punishment against the defendant is needed.
However, considering the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant was the primary offender; (c) the Defendant was the primary offender; and (d) the Defendant’s age, character and conduct and environment; and the motive, means, and consequences of the instant crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the Defendant’s motive, means, and consequences, the lower court’s punishment is too unaffortable
Therefore, prosecutor's assertion is without merit.
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.