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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (one year of suspended execution in six months of imprisonment, and 80 hours of community service order) imposed by the court below on the defendant is too uneasy and unreasonable.
2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case is not likely to be committed since it inflicts bodily injury on the left-hand side, floor, and inner wall closure in consideration of the face of the victim or the victim, while the defendant has a dispute over his/her share in inheritance with the victim who is a relative.
The degree of injury suffered by the victim is very serious.
The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.
The defendant deposited KRW 10 million in the court below, and the victim paid KRW 30 million to the victim in the first instance, and the victim did not want to be punished against the defendant.
The defendant is the first offender.
In light of the aforementioned unfavorable circumstances, including favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive and consequence of the crime, the circumstances after the crime, etc., as well as the sentencing conditions indicated in the instant arguments and records, and the scope of the recommended punishment (the type of imprisonment from April to one year and six months [the general person subject to special mitigation] as well as the case where the damage was restored to the extent of punishment (including serious efforts to recover damage) or considerable damage (the scope of the recommended punishment] serious injury [the person subject to special aggravation] (the scope of the recommended punishment], and the basic area (4 to one year and six months), it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.