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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.
2. The crime of this case is a case where the defendant committed an injury requiring treatment for about two weeks with the victim as a result of the fluctuation of taxi rates between the victim and the victim, and the quality of the crime is not somewhat weak, and the defendant has already been subject to criminal punishment several times due to violent crimes. In particular, the crime of this case was committed again during the period of repeated crimes of violation of the Punishment of Violences, etc. Act (joint injury) as stated in the judgment below.
On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the victim and the trial expense led to the crime of this case contingently, the degree of injury suffered by the victim is relatively minor, and the victim does not want the punishment of the defendant due to the agreement with the victim.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the 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.