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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted as to the acquittal part of the judgment of the court below on erroneous determination of facts, the defendant's injury can be recognized.
Nevertheless, the judgment of the court below which acquitted the above injury is erroneous in misconception of facts.
B. The sentence imposed by the lower court on the Defendant (one million won of a fine) is too uneased and unreasonable.
2. Determination
A. The court below found the defendant not guilty on the grounds that the detailed circumstances in the item "2. Judgment of not guilty on the third party of the judgment" were based on the detailed circumstances in the item "2. Judgment of not guilty on the third party of the judgment," and it is insufficient to find that the circumstance acknowledged by evidence and records submitted by the prosecutor that caused the defendant's crime to the extent that the defendant's physical integrity or harm to physiological function was inflicted. The court below
In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.
Therefore, this part of the prosecutor's argument is without merit.
B. It is recognized that the Defendant denies and denies the intimidation among the facts charged of the instant case by a vindication that is difficult for the Defendant to obtain an unreasonable sentencing until the trial at the trial, and that the nature of the instant case is not good.
However, it is recognized that the defendant recognizes and reflects the part of the assault, that the degree of assault and intimidation in this case is not much serious, that there are circumstances to consider the circumstances of the case, and that there is no criminal conviction against the defendant.
In addition, various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, and special circumstances to change the sentencing of the court below after the judgment of the court below.