The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, confiscation) is deemed to be too unhued and unfair.

2. As of August 29, 2017, the date of filing the instant indictment, the sentencing guidelines are not set for special injuries.

The crime of this case was committed by the victim who was in danger of the defendant at the time of using a tree mone, which was a dangerous object, and the crime was not less severe in light of the circumstances and methods of the crime.

The defendant did not take particular measures to recover damage against the victim, and the victim wanted to punish the defendant strictly.

However, the Defendant recognized the crime of this case, and took advantage of the judgment of the court below to reflect in depth the mistake, such as failing to file an appeal.

It does not seem that the injury suffered by the victim is too serious.

The defendant has only been punished three times by a fine.

In addition to these circumstances, in full view of the Defendant’s age, sex, environment, motive, background, means and consequence of the crime, circumstances after the crime, and opinions on the sentencing presented by the jury at the lower court that was conducted as a part of the citizen participation trial, there are no new circumstances that could change the sentence of the lower court in the trial, and in a case where there is no change in the conditions of sentencing compared with the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In so doing, the lower court’s sentencing is too unjustifiable even if considering the circumstances alleged by the prosecutor, even if it is considered as being considered by the prosecutor, it is not determined that the sentencing of the lower court is too unjustifiable.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.