The prosecutor's appeal is dismissed.

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case, and convicted the remainder of the facts charged, respectively.

In this regard, since the prosecutor filed an appeal only for the guilty part of the judgment of the court below for the reason that the sentencing is unfair, and the dismissal part of the judgment of the court below is separate due to the failure of both the defendant and the prosecutor to appeal for the dismissal part of the public prosecution, the scope of the trial

2. The sentence (7 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

3. The fact that the defendant had a large number of punishment due to violent crimes, etc., and that the defendant committed the crime of this case during the period of repeated crime is recognized, but the defendant recognizes and reflects the crime of this case, the victim does not want the punishment of the defendant by agreement with the victim, and the degree of injury suffered by the victim is significant.

Considering the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, etc., all the sentencing conditions indicated in the records of this case are difficult to see, the lower court’s punishment is too uneasible and it is not deemed unfair, and thus, the prosecutor’s assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.