The prosecutor's appeal is dismissed.

1. The lower court’s sentence (5,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case is found to be disadvantageous to the defendant, in light of the content of the crime, that the defendant laid an empty tin in the face of the victim D, who is a single-use ward, and inflicted an injury that requires approximately two weeks of treatment. In light of the content of the crime, the criminal liability is heavy, and the defendant committed the crime of this case while the crime of this case is being suspended for the same kind of crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, the defendant seems to have committed the crime of this case by contingently, the defendant's consent is not wanting criminal punishment of the defendant, the victim also does not want the criminal punishment of the defendant, the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first trial sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not fall under any special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and considering the circumstances that constitute the conditions of sentencing as shown in the argument of this case, such as the defendant's age, happiness, environment, etc., the sentence against the defendant is too unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.