2. The crime of this case is deemed to have been committed jointly with C by the Defendant, and committed an assault against G, and the circumstances unfavorable to the Defendant, such as the fact that the liability for the crime was heavy in light of the content of the crime, are recognized.

However, when the defendant made confession of the crime of this case in the trial for the first time, it seems clear that the social ties between the defendant and the defendant, such as the confession of the crime of this case and the fact that the defendant lives without the history of criminal punishment until now since around 1998, the dynamics of the defendant want to protect the defendant's wife, etc. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of direct supervision, has the inherent area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and it does not seem unfair if the defendant's punishment is too unfair.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below ex officio in the column for “a summary of evidence” of the court below’s “a summary of evidence” shall be corrected as “a description of the Defendant’s trial testimony