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The prosecutor's appeal is dismissed.
Reasons
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and confiscation) is deemed to be too unhued and unfair.
2. Circumstances unfavorable to the defendant are as follows.
The defendant's knife knife knife knife knife knife knife knife knife knife knife.
Although long time, the defendant has been sentenced to imprisonment for 6 months with prison labor for a violation of the Road Traffic Act (refluence of drinking), the defendant has been sentenced to a two-year suspended sentence.
Circumstances favorable to the defendant shall be as follows:
In 1985, the defendant has no record of being punished for the same crime except for the punishment of a fine of 200,000 won for violent crime, and there is no record of being punished for the same crime beyond the fine.
Defendant recognized and reflected the instant crime.
The degree of injury actually suffered by the victim is minor to the extent that the main part of the part is minor.
In agreement with the victim, the injured party does not want the punishment of the defendant.
The defendant's wife is in the face of a secret disease.
In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.