The prosecutor's appeal is dismissed.

1. The lower court’s judgment on the grounds that the part of the facts charged in the instant case was dismissed, and that the Defendant was guilty as to the assault and bodily injury, and that only the prosecutor appealed on the conviction part, but the dismissal part of the prosecution was not final and conclusive as it did not file an appeal, and thus, the lower court should be tried only on the conviction part of the lower judgment.

2. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment with prison labor for a period of six months suspension, one year of observation of protection, one of 120 hours of community service) is too uneased and unreasonable.

3. There is no change in the terms and conditions of sentencing compared with 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfilled and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, prosecutor's assertion is without merit.

4. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (Provided, That since it is obvious that the second half of the judgment of the court below is a clerical error in the “man,” it is obvious that it is a clerical error in the “man,” it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.