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The appeal by the prosecutor is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the court below's sentence (one year of imprisonment and two years of suspended execution) is unreasonable.
Judgment
The crime of this case is a situation unfavorable to the defendant, such as: (a) the defendant threatened the victim C's saves with the kitchen knife with a kitchen, (b) assaulted several times to inflict bodily injury, and the nature of the crime is not good; and (c) the defendant has been punished for the same kind of crime.
However, there are extenuating circumstances such as the fact that the defendant agreed smoothly with the victim in the trial of the party, the degree of injury inflicted on the victim by the crime of this case is relatively heavy, and the defendant does not have any record of punishment heavier than suspended execution.
In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from April to June 1: In full view of all the sentencing conditions, including the group of violent crimes, the age, character and conduct, the environment, the circumstances of the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the original court is too unreasonable, taking into account all the factors of sentencing, such as the following: category 1 (general injury), the group of violent crimes, the scope of the recommended sentence (minor injury and punishment), the special form of persons (minor injury and punishment), the scope of the recommended sentence (special mitigation), the scope of the recommended sentence (special mitigation), the scope of the recommended sentence (1 to 1 year), the majority of crimes: April to June; the defendant's age, character and conduct, the environment; the circumstances of the instant crime; and the conditions of sentencing before and after the instant crime.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.