The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, considering the following, the following circumstances: (a) the instant crime was committed by the Defendant under the influence of alcohol, and the nature of the offense is not good; (b) the Defendant was punished by a fine due to the crime of damaging public goods; (c) the Defendant recognized his/her mistake by taking into account the circumstances unfavorable to the Defendant; (d) the Defendant has no criminal history exceeding the fine; and (e) the Defendant has no criminal history exceeding the fine; and (e) the extent of the Defendant’s assault was relatively heavy; and (e) other circumstances that are conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion, by being too unfford.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.