The prosecutor's appeal is dismissed.

1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.

2. On June 25, 2015, the Defendant committed the instant crime under suspension of execution after being sentenced to one year and six months of imprisonment, three years of suspended execution, due to the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Western Branch of the Daegu District Court (hereinafter “Tgu District Court”) on the Aggravated Punishment, etc. of Specific Crimes, and the same criminal record was several times, and the instant crime was committed by the Defendant as an assaulting a victim who did not mislead the Defendant under the influence of alcohol.

However, there are more favorable circumstances such as the fact that the defendant recognized the crime of this case, the fact that the injured party does not want the punishment of the defendant, and the degree of injury of the injured party is relatively minor.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

3. 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.