The prosecutor's appeal is dismissed.

1. The sentence of the lower court against the Defendant (the suspended sentence of KRW 300,000,000) is too unfeasible and unreasonable in light of all circumstances, including the following: (a) the victim’s damage is not recovered from the gist of the grounds for appeal; and (b) the Defendant’s denial of the crime

2. Determination:

A. The phrase "when the circumstances prior to the opening" in the requirements of suspension of sentence refer to cases where the defendant would not be subject to the punishment even if the sentence was not imposed in light of the comprehensively taking into account the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, and the situation where the defendant would not be subject to the punishment again. On the contrary, the phrase "where the circumstances prior to the opening of the sentence are obvious" is limited to cases where the defendant has a depth of the crime, or it is not interpreted that the suspension of sentence may not be always granted in cases where the defendant denies the criminal facts without confession.

B. (See Supreme Court en banc Decision 2001Do6138 delivered on February 20, 2003).

The Defendant was a primary offender. The instant crime was committed by the Defendant, the studio stude, and the Defendant used an officetel (1514) in Yongsan-gu Seoul, Yongsan-gu, Seoul where the Defendant was living together with the Defendant and the victim, and was assaulted by the Defendant, such as taking the Defendant’s hand, leading the Defendant’s knife, and taking the Defendant’s head knife, etc., which the Defendant was the victim, and subsequently the victim inflicted an injury upon the victim. The victim inflicted an injury upon the victim, who was in need of approximately two weeks of medical treatment, but the victim was also injured by the Defendant, such as the knife and tension of the bones, the detailed knife of the bones, the knife’s knife, the knife’s knife, and the knife’s knife’s knife’s knife.