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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment for eight months and one year of suspended execution) is deemed to be too unhued and unreasonable.
2. Examining the various sentencing conditions in the instant case, the victim suffered injury that is difficult to see the right side of the young age due to the instant crime, and the Defendant appears to have caused the instant injury, i.e., the Defendant’s act beyond the Defendant’s assault, and the fact that the victim followed the victim’s rear water, which was up to the bottom of the lower part of the lower part, does not deny it, and is disadvantageous to the Defendant, such as denying it.
However, in this case, there are many circumstances favorable to the defendant, such as the fact that the defendant's daily behavior and the victim's daily behavior were repeated in the process of wrapping, and that the defendant was assaulted by the victim during that process, that the defendant shows a form of reflection of depth by recognizing his mistake as a substitute for the crime of this case and the result thereof, that the victim agreed to pay 70 million won to the victim, and that the victim wants to have the defendant's wife seriously agreed, that the victim also wanted to have the defendant's wife, and that the defendant has no record of punishment except for two times of a fine due to drunk driving.
In full view of the facts that the court below sentenced the defendant to imprisonment with prison labor for up to 8 months and 2 years of suspension of execution within the scope of the recommended punishment set in the sentencing guidelines (over to 6 months of imprisonment and 1 year and 6 months), and other various sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence that the court below sentenced the defendant is within the proper scope of the punishment according to the defendant's liability, and it is too uneasible.