In this regard, since the prosecutor filed an appeal only for the guilty part of the judgment of the court below for the reason that the sentencing is unfair, and the dismissal part of the judgment of the court below is separate due to the failure of both the defendant and the prosecutor to appeal for the dismissal part of the public prosecution, the scope of the trial

2. The sentence imposed by the lower court (for four months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

3. In light of the following facts: (a) the Defendant had the history of punishing the Defendant for the suspended sentence due to violent crimes; (b) the instant crime is deemed to have occurred during the suspended sentence due to the instant crime; (c) the Defendant recognized the instant crime on the other hand, and reflects it; (d) the Defendant was injured by the victim, such as internal and inner walls and the mouths, in response to the victim at the time of the instant crime; (b) the Defendant did not want the Defendant’s punishment upon agreement with the victim; and (c) the Defendant’s age, sex, environment, family relationship, and all of the sentencing conditions indicated in the instant records, such as the Defendant’s age, sex, family relation, and circumstances after the instant crime, the Prosecutor’s assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.