The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of April, the suspension of execution of two years, and the community service order of 120 hours) is deemed to be too uneasy and unreasonable.

2. The fact that the Defendant repeatedly committed the instant crime even though he/she had been punished several times due to the same kind of crime, and that the Defendant did not agree with the victim and did not endeavor to recover damage, etc. is disadvantageous to the Defendant.

However, the fact that the Defendant recognized the instant crime and made mistake against the Defendant, and that the instant crime was started in the process of speaking for the dispute between the Defendant and the victim, there are some circumstances to consider the background of the instant crime, the degree of injury suffered by the victim is relatively small, and the fact that the Defendant supported his family and is in an economic difficult situation is favorable to the Defendant.

In addition, comprehensively taking account of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and various sentencing conditions indicated in the previous theory, the lower court’s punishment cannot be deemed unfair because it is too unfasible.

Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.