The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the statements and photographs of the victim G by mistake of fact (the injury to the victim G), although the right-hand inspection team, which occurred to the victim G, could be deemed as an injury in the crime of injury, the court below acquitted the victim of this part of the facts charged. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (two years of suspended execution of six months of imprisonment, and fine of three million won) is too unfortunate and unfair.

2. Determination

A. Examining the evidence of this case as to the assertion of misunderstanding of facts in detail in light of the records, the court below, despite the fact that the defendant assaulted the victim G, it is difficult to view that the above victim's wife was injured in the crime of injury.

Considering this part of the facts charged, the disposition that judged the innocence is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts as pointed out by the prosecutor.

It does not appear.

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

나. 양형 부당 주장에 관한 판단 이 사건 각 범행의 태양 및 수법 등에 비추어 그 죄질이 몹시 나쁠 뿐만 아니라 최근의 공권력 경시 풍조를 고려할 때 엄히 처벌할 필요가 있는 점은 인정된다.

However, in light of the first offense, the Defendant’s mistake in depth, the agreement with the victim of the injury, reimburses the repair cost of the public portable phone, the injury’s part and degree are not hot, and the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., and the scope of the recommended sentencing guidelines set by the Sentencing Commission for the enactment of the sentencing guidelines by the Supreme Court, such as the motive, means and consequence of each of the instant crimes, etc., the lower court’s punishment is too uneasible and unfair.