2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Considering the fact that the crime was committed in a state of mental and physical weakness, the degree of assault is not severe, and the degree of assault is against the victim, even though considering the fact that the crime is committed during the period of probation, the lower court’s punishment was too unfilled and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

3. The prosecutor’s appeal of the conclusion is without merit and is dismissed under Article 364(4) of the Criminal Procedure Act. However, since it is apparent that “Article 55(1)3” of Article 55(1)6 of the Criminal Procedure Act is a clerical error under Article 55(1)6 of the Criminal Procedure Act, the prosecutor’s appeal of the court below is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.