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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.
2. The crime of this case is deemed to have been committed by a police officer who was dispatched after receiving a report by the defendant, and the nature of the crime is not less than that of assault, and the defendant has the record of being sentenced to a fine for the same kind of crime and criminal punishment twice the suspension of the execution of imprisonment.
However, the Defendant appears to have lived in prison for a period of two months due to the instant crime, and seems to have committed such a crime in depth, and again, it seems that the Defendant did not commit such a crime and received hospital treatment, etc.
In addition, the defendant has to support the elderly parents and their spouses, and the family members of the defendant have complained of the defendant's preference.
In addition, in full view of the various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, record of crime, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.