Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the court below (a punishment of imprisonment with prison labor and two years of suspended execution, probation, social service, and 80 hours) is too unreasonable.

B. Regarding the part not guilty of the prosecutor (1) misunderstanding of facts and misunderstanding of legal principles, the evidence reveals that the defendant had a kitchen knife, which is a deadly weapon, with the intent to use for committing the crime. Thus, the judgment of the court below which acquitted the defendant on the ground that the defendant did not have a

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. As to this part of the facts charged by the prosecutor's assertion of mistake of facts and misapprehension of legal principles, the lower court acquitted the Defendant of this part of the facts charged on the ground that the evidence submitted by the prosecutor alone is insufficient to readily conclude that the Defendant has a kitchen knife with the intent to use

Examining the judgment of the court below in comparison with the evidence records, the judgment of the court below is sufficiently acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles.

Therefore, prosecutor's assertion of mistake and misunderstanding of legal principles is without merit.

B. There are favorable circumstances, such as the confession and reflection of the defendant's judgment on the assertion of unfair sentencing by the defendant and the prosecutor, and the agreement with the victim in the trial.

On the other hand, the crime of this case was committed at night, such as the following: (a) the fact that the nature of the crime was poor due to the so-called “brupt assault” committed at night; and (b) the fact that the defendant was punished for the same kind of crime two times or more; and (c) there are many previous criminal records, such as punishment

In light of the above circumstances, given the Defendant’s age, character and conduct, environment, criminal records, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the prosecutor and the defendant's assertion of unreasonable sentencing is also justified.