2. The lower court determined that the Defendant committed the instant crime without being in the period of suspension of execution, and that the Defendant appealed to a fine of KRW 4 million on October 26, 2017 by this court due to assault and thus, considered the fact that the appellate court is currently pending trial, and that the victim did not want the Defendant’s punishment, taking into account the favorable circumstances, the lower court sentenced the said sentence as above, taking into account the fact that the Defendant did not want to be punished.

This case is that the defendant inflicts an injury on the victim who was wheel chairs on board without any particular reason, and that the nature of the crime is relatively minor. However, considering the favorable circumstances such as the defendant's age, sexual conduct, environment, circumstances leading to the crime, means and result, scale of the crime, and circumstances after the crime, the sentencing judgment of the court below cannot be deemed unfair to exceed the reasonable limit of discretion or to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor's aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.