The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (five million won in penalty) declared by the court below.

2. The lower court sentenced the above sentence by taking account of the circumstances favorable to the Defendant’s health, such as the following: (a) the instant case was a crime during the period of probation, the nature of the crime is heavy; (b) the Defendant recognized the crime and reflects the Defendant; (c) the degree of the assault is not a significant part; (d) the Defendant did not approach the victim after all; and (e) the Defendant did not repeat the crime through alcohol-related treatment; and (e) the Defendant’s health is not good.

In addition to the circumstances taken into account by the court below, there are several records of punishment for the defendant for the same crime, and the fact that the victim of this case was prosecuted by using violence shall be considered disadvantageously.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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. It is so decided as per Disposition.