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The prosecutor's appeal is dismissed.
Reasons
1. The court below dismissed the prosecution against the assault of the facts charged in the instant case, and convicted the remainder of the facts charged, respectively.
As the prosecutor appealed on the guilty part of the judgment below, the dismissed part of the above indictment is separately determined as is after the expiration of the appeal period, and is excluded from the scope of the judgment of this court.
2. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of three million won)
3. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
B. The lower court determined a sentence by taking account of the following factors: (a) although the Defendant’s knife, knife, which is a dangerous thing, and the nature of the crime is good by putting the victim under confinement; (b) the Defendant committed the instant crime while disputing the Defendant’s drinking together with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with him; (c) the Defendant
(c)
The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to be the reason for the court below's determination of the defendant's punishment, and the above conditions of sentencing changed otherwise.
There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.
The prosecutor's assertion is without merit.
4. 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. It is so ordered as per Disposition.