The prosecutor's appeal is dismissed.

1. The sentence imposed by the lower court (six months of imprisonment, one year of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in its reasoning, determined a punishment by comprehensively taking into account the favorable and unfavorable circumstances of the Defendant, as a whole.

The Defendant did not have any criminal history, and the injury was restored.

The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, background leading to the crime, circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines (the mitigated area, January 1 to 1 year) as shown in the deliberation by the court below and the party, the sentence imposed by the court below shall not be deemed to have exceeded the reasonable scope of the discretion or to be unfair because it is too uneasible.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.