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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three months) is too uneasible and unfair.
2. As stated in the first head of the crime in the judgment, there are records of the Defendant’s punishment as violence several times in the past, the Defendant committed the instant crime during the repeated crime period after having been sentenced to imprisonment due to fraud and assault and having completed the execution of the sentence, as stated in the first head of the crime in the judgment, and the Defendant committed the instant crime with the repeated crime without any particular reason, and the nature of the crime is not good, and the degree of the assault is not easy, the degree of the assault was not easy, and there are no materials to prove that the Defendant did not have taken measures to recover from the victim and that he did not have taken measures to recover from the damage.
However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts of crime in the court below, and the fact that the damage suffered by the victim is deemed not to be significant due to the crime in this case, and all of the sentencing conditions, such as the character, conduct, environment, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.
The prosecutor's above assertion is without merit.
3. Therefore, 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.
(However, since it is apparent that the entry of repeated crime is omitted by mistake in the “application of the statute” of the lower judgment, Article 25(1) of the Rules on Criminal Procedure applies to the “application of the statute” column of the lower judgment ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, it shall be corrected to add “Article 35 of the Criminal Act