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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) of the lower court is deemed to be too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
As a matter of the cost of drinking water supply, the defendant assaulted the victim while doing a conflict with the victim, and the police officers called out have also taken a bath and assault.
The defendant did not reach an agreement with the victim and police officers.
In 2015, the defendant was sentenced to a fine of KRW 2,00,000 as a crime of bodily injury and was sentenced to criminal punishment several times for violent crimes.
Circumstances favorable to the defendant shall be as follows:
The defendant is divided into each of the crimes in this case and is against himself.
The degree of assault that the defendant inflicted on the victim and police officers is relatively relatively somewhat weak.
From the date of the suspension of the execution of imprisonment with prison labor due to the crime of aiding and abetting a criminal defendant in around 2008 to the date of the crime in this case, there is no record of criminal punishment exceeding the fine and there is no record of
In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed unreasonable because it is too uneasible.
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.