The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. Although the part of the facts charged in this case of mistake of facts is deemed as a separate crime due to the interruption or renewal of the criminal intent after the crime of special injury, the lower court determined that the part of the injury constituted only a single crime by combining it with the crime of special injury.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is unreasonable.

2. The lower court rendered a not-guilty verdict on the assertion of mistake of facts, while explaining the grounds for its determination.

Examining the evidence duly adopted and examined by the court below in light of the records, the only evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged as a separate crime with the interruption or renewal of the crime of special injury and the criminal intent, and to the same purport, there is no error of law by mistake of facts as alleged by the prosecutor in the judgment of the court below which acquitted the

Therefore, the prosecutor's above assertion of mistake is without merit.

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the record of the instant case, the lower court’s sentencing is unfeasible, thereby exceeding the reasonable scope of discretion.

4. In conclusion, the prosecutor's appeal 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.