The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because it is too unfilled.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). In most cases, the circumstances alleged by the prosecutor as an unfavorable factor in sentencing in the trial at the trial of the lower court were revealed in the hearing of the lower court, and there is no other unfavorable changes in circumstances relating to the matters subject to sentencing after the sentence of the lower judgment was made.

The fact that the Defendant committed the instant crime without having been sentenced to suspension of indictment for the same kind of crime in 2016 is disadvantageous to the Defendant.

On the other hand, there are no criminal records except that the defendant recognized his/her mistake and reflects it, there are extenuating circumstances considering the background leading to the crime, the degree of injury suffered by the victim is minor in the case of the crime of bodily injury, and the defendant has received a relatively minor fine three times prior to 2009.