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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. In full view of the circumstances favorable to the defendant, including the fact that the defendant was punished for a crime of violating the Road Traffic Act four times, the fact that the defendant committed the crime of this case under the influence of alcohol during the suspension of execution due to the crime of violating the Road Traffic Act, etc., but the defendant committed the crime of this case under the influence of alcohol during the suspension of execution period due to the crime of violating the Road Traffic Act, etc., it is against the defendant's own wrongness, the fact that the defendant agreed with the victim, the extent of violence is relatively minor, and the defendant is hospitalized in the closed ward by himself in order to prevent any further crime due to alcohol and under the treatment of alcohol ozone, etc., and all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, environment, home environment, motive and circumstance of the crime, means and consequence, etc., the punishment of the defendant was proper and beyond the reasonable limit of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the prosecutor's assertion that the prosecutor's punishment imposed by the court below is too uneasible and unreasonable, as the prosecutor asserts.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.