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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (two years of the suspended sentence of imprisonment with prison labor for six months) is deemed to be too unhued and unfair.
2. The Defendant committed the instant crime once again despite the past record of having been punished several times for violent crimes, and the method and content of the Defendant’s use of violence are disadvantageous to the Defendant.
However, the defendant does not repeat again after recognizing his mistake.
There are many things.
The Defendant appears to have committed the instant crime in a contingent manner under the influence of alcohol at the time, and is currently trying to correct his/her drinking habit by receiving counseling and drug treatment to improve drinking habits through outpatient treatment.
Although the defendant has been punished for the same crime, he was punished for ten years.
In full view of the circumstances unfavorable or favorable to such Defendant and other various sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive and consequence of crime, etc., the sentence imposed by the lower court is within the scope of the sentencing discretion assigned to the lower court, and it cannot be deemed that the sentence imposed by the Defendant is unfair due to its proper and too uneasible sentencing.
Therefore, the prosecutor's improper argument of sentencing is not accepted.
3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.