The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment for four months, the suspension of execution for one year, the term of violence therapy and the term of 40 hours and the order of attending lectures for forty hours) of the lower court is too uneased and unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing (in particular, the Defendant’s mistake is against himself/herself, the degree of injury to the victim is minor, and the fact that the Defendant does not want the punishment of the Defendant by mutual consent with the victim) revealed in the proceedings of the instant case, the sentencing of the lower court is too unafford and so it is difficult to view that the sentencing of the lower court exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.