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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment with prison labor) is too unhued and unfair.
2. The defendant's age, character and environment, relation to the victim, motive of the crime, results of the crime, circumstances after the crime, etc., various conditions of sentencing as well as the scope of recommended punishment in the sentencing criteria (not less than two months of imprisonment).
(a) Crimes of assault [type of crime] Category 1 (General Assaults) (Person subject to Special Sentencing] (Recommendation and Sentencing), the basic area (two months to ten months of imprisonment)
(b) No sentencing criteria are set for the crime of intrusion upon residence;
C. In full view of the two months or more of the final sentence scope imprisonment, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.
It is not recognized that it is unfair because it is too unfluent enough to be evaluated.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.