The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the court below (two years of probation, probation, community service, etc. for four months of imprisonment) is too unfluent and unfair.

Judgment

The fact that there are many criminal records against the defendant, and the degree of injury of the victim is not easy, etc. are disadvantageous factors for sentencing.

However, considering the following factors: (a) the Defendant recognized that the Defendant committed the instant crime; (b) at the time of assaulting the victim’s first of all, the Defendant committed the instant crime; (c) there is room for somewhat considering the circumstances leading up to the commission of the crime; (d) the victim did not want the Defendant’s punishment; and (e) during the last twenty (20) years, the Defendant has no record of being sentenced to a suspended sentence or heavier punishment; and (b) other factors such as the background of the instant crime; (c) circumstances after the instant crime; (d) the Defendant’s age, character and conduct; and (e) the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (general injury Type 1 (general injury mitigation area: 2 months to one year); and (e) the Prosecutor’s assertion is not reasonable because the Defendant’s punishment is too

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.