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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below is too unhued and unreasonable.
2. It is recognized that the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a fine on a half or more occasions due to the same kind of violent crime, even though he/she had the record of being sentenced to a suspended sentence due to the same kind of crime, and in light of the form and method of the instant crime, etc., the crime is bad.
However, in light of the following facts: (a) the Defendant led to the confession of the crime; (b) the victim did not want the punishment of the Defendant; (c) the degree of injury was not severe; and (d) the Defendant appears to have committed the instant crime by contingently; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
Therefore, prosecutor's assertion is without merit.
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.