The prosecutor's appeal is dismissed.

1. Sentencing the sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of four million won);

2. Determination

A. 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 it.

B. The lower court, under the circumstances that the instant crime was committed during the period of repeated crime and did not reach an agreement with the victim, determined a sentence by taking account of the following factors: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant was committed, (b) was trying to treat the symptoms of alcohol and mental illness while hospitalized for a long time; and (c) the fact that the instant crime was committed in simple assault and did not reach the result of injury; and (d) was determined by taking account of various sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, sexual behavior, environment, motive and means of the crime, and the circumstances after the crime.

(c)

The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to be the reason for the court below's determination of the defendant's punishment, and the above conditions of sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.