2. Determination of the instant crime is an unfavorable circumstance where the Defendant, who exercises overall control over the construction site, caused the victim to be injured by a negligence that did not clean the breaking pit, etc. that occurred at the construction site and caused the victim to be injured by the external side of the brush and the bulverization which requires a eight-day medical treatment. The degree of injury suffered by the victim is not easy, and the Defendant was sentenced to 8 months imprisonment with prison labor for special assault at the Suwon Flag method Board on February 3, 2016, and was sentenced to 2 years of suspended execution, and the judgment became final and conclusive on February 12, 2016, and was still in the period of suspended execution at the time of the instant crime.

However, in full view of the fact that the defendant's mistake and reflects, the fact that the defendant received a letter from the injured party, and that the defendant agreed to do so, and all of the sentencing conditions expressed in the pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below cannot be deemed unfair because

Therefore, prosecutor's assertion is without merit.

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.