A. The Defendant’s assault by mistake of facts led to the victim E’s injury to the victim E, resulting in the occurrence of a disturbance in daily life. As such, the victim suffered injury to the Defendant’s net heat.

must be viewed.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unfortunate and unfair.

2. Determination

A. According to the records on the assertion of mistake of facts, the court below's determination does not constitute a crime of injury on the ground that it constitutes a case where the victim E is physically cured and there is no difficulty in daily life because it is extremely minor in the state where the victim E is drunk due to its reasons as stated in its reasoning.

Since the decision is just and acceptable, the prosecutor's assertion of mistake is without merit.

B. It is desirable to refrain from rendering a sentence that does not vary in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is somewhat different from the appellate court’s view, and to refrain from rendering a sentence that does not differ from the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the first instance judgment solely on the ground that the first instance judgment is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s judgment, and in full view of all the reasons for sentencing presented by the lower court

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and the prosecutor’s appeal is dismissed under Article 364(1) of the Criminal Procedure Act, and the judgment of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure that “ May 6, 2015...................................”