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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence of KRW 2,00,000,000) is too unhued and unreasonable.
2. The judgment of the Defendant is an unfavorable circumstance that the victim did not recover damage to the victim even though the victim suffered bodily injury (such as soft dynasium, etc. requiring treatment for a period of three weeks) by breathing flaps, etc. of the victim.
However, in light of the favorable circumstances, such as the Defendant’s risk of attempting to commit the instant crime, and the circumstance leading up to the Defendant’s commission of the instant crime, there are circumstances to be considered, the degree of assault by the Defendant is not limited, there is no record of punishment for the same kind of crime, the victim filed a complaint by intimidation, assault, etc., and then filed a complaint for attempted murder after committing the instant crime. However, in relation to the instant case, the victim was prosecuted only after committing the instant crime, but the victim appears to have difficulty in reaching an agreement, and all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after committing the crime, etc., the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.