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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a punishment of 10 months of imprisonment, 2 years of suspended sentence, 2 years of probation observation, 80 hours community service order, 40 hours of violent treatment lectures for 40 hours) is deemed to be too uneasy and unreasonable.
2. In light of the fact that the Defendant suffered serious injury to the victim as well as considerable mental impulse so far, since it appears that such damage had not been properly recovered until now, the Defendant failed to agree with the victim and the victim wanted to punish the Defendant, and that the Defendant repeatedly committed the instant crime even though he had a history of criminal punishment for the same kind of violent crime, it is reasonable to impose a severe punishment on the Defendant.
However, the defendant seems to have committed the crime of this case in a contingent manner while he/she was in a dispute with the victim, and the defendant would not have committed the crime of this case against his/her acknowledgement of mistake and re-offending.
It is recognized that there are circumstances that can be considered, such as the fact that the defendant deposits five million won at the original trial for the victim, additionally deposits two million won from the original trial to the original trial, and there is no criminal record exceeding the fine for the defendant.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, the records of the instant case, including the circumstances after the commission of the crime, as well as the various sentencing conditions indicated in the previous theories, the lower court’s punishment cannot be deemed unfair because it is too unfeasible.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.