Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of all the circumstances, including the fact that the summary of the grounds for appeal is not agreed upon with the victim, the punishment imposed by the court below (two months of imprisonment, two years of suspended execution, and eight hours of community service (old: 8 months of imprisonment) is too unafford.
2. The Defendant’s crime of this case was committed by the victim who had operated the telecom with the victim’s consent, such as passing sound within 311, in which the victim was living in the E-Public Notice Hostel, etc., and the Defendant committed an injury to the victim, such as the victim’s breath’s breath’s breath’s breath’s breath’s breath, etc., which requires five weeks’s treatment by taking the victim’s left breath’s breath’s breath, etc., and there is a circumstance unfavorable to the Defendant, such as: (a) disregarding the victim’s legitimate demand by the publicly notified telecom operator; and (b)
However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstance before and after the crime, etc., the court below's punishment is not deemed to be unfair, since it is not deemed that the defendant's punishment of this case is proper and too unreasonable, and thus, the defendant made efforts to recover damage, such as deposit of 3 million won for the victim's recovery, etc., the defendant has been punished twice as fines for the same kind of or a similar crime such as violence, etc., but has no criminal records of imprisonment or more.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.