The prosecutor's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding the assault of the instant facts charged, and convicted the remainder of the facts charged, respectively.

Since the prosecutor appealed only the guilty part of the judgment of the court below for the reason that sentencing was unfair, and the dismissed part of the public prosecution for which the prosecutor did not appeal is not appealed is separate and confirmed by the expiration of the period of appeal, the court below shall decide only on the guilty part

2. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty) is too unhued and unreasonable.

3. The judgment is an unfavorable circumstance, such as the fact that there was a history that the Defendant committed the same kind of violent crime in the past several times, and the police dispatched upon receiving the report stating false facts to the police that “the victim used a deadly weapon and threatened the Defendant,” and that the circumstances after the crime are not good.

However, in full view of all sentencing conditions expressed in pleadings, such as the fact that the defendant's mistake and reflects, the fact that the injured person does not want the punishment of the defendant in agreement with the injured person, the fact that the injured person is relatively minor, and the defendant's age, sex, environment, motive, means and result of the crime, etc., the sentence imposed by the court below cannot be deemed as unfair because the sentence imposed by the defendant is too uneasible.

Therefore, prosecutor's assertion is not accepted.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.