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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (two years of suspended sentence for one year of imprisonment) is too unhued.
2. Determination
A. The lower court sentenced the above punishment in consideration of the following: (a) the Defendant’s assaulted the Victim F as a main illness, which is a dangerous object, thereby causing approximately two inflicting bodily injury on the Victim F; and (b) did not recover from damage; (c) on the other hand, the Defendant recognized the instant crime and took advantage of his mistake in depth; (d) the Defendant committed the instant crime; (e) any injury that was not serious compared to the risk of the pattern of the act; (e) the Defendant deposited KRW 500,00 for the Victim E; (e) the Defendant deposited KRW 500,00 for the Victim F; and (e) the Defendant did not have any history of committing a crime exceeding a fine after 205.
B. Although the Defendant did not reach an agreement with the victim, the nature of the crime was not good in that the victim’s injury was head, the crime of this case appears to have been contingent, and the Defendant’s depth was against the victim, etc., considering the circumstances favorable to the Defendant.
In addition, in full view of the Defendant’s age, character and conduct, environment, history of punishment, circumstances leading to the commission of the crime, means and result of the crime, and all of the sentencing circumstances indicated in the instant records and arguments, there is no other circumstance that the lower court’s judgment of sentencing was deemed to have exceeded the reasonable bounds of its discretion or that it is unreasonable to maintain it as it is.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentence is too unjustifiable and deemed unreasonable.
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.