The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. In light of the degree of injury inflicted on the victim due to the instant crime, the circumstances leading up to the instant crime, etc., the liability for the crime is not less than that against the Defendant, and the Defendant has been punished several times for the same kind of crime, etc.

However, there are extenuating circumstances to consider the Defendant’s mistake, the victim’s age, character and conduct, environment, motive, means and consequence, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee for the instant crime is from April to June of imprisonment with prison labor. The Supreme Court’s sentencing guidelines for the instant crime are as follows: (a) violent crime group; (b) type 1 (general injury); (c) special form of imprisonment (non-influence of punishment; (d) basic area (in April to January 16); (b) the main positive factors such as the suspension of execution (influence of punishment); (c) negative factors (influence of punishment); (d) the victim may be suspended from execution; and (e) other sentencing conditions such as the Defendant’s age, character and conduct, motive and consequence of the instant crime; and (e) circumstances after the crime, it is not recognized that the sentence of the court below is unreasonable to the

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.