The prosecutor's appeal is dismissed.

1. Improper sentencing of the gist of reasons for appeal (the punishment of the court below shall be four months of imprisonment with prison labor, one year of suspended execution, and forty hours of social service);

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant’s recognition of the instant crime and reflectiveness; (b) the victim first assaults assaults the Defendant; (c) the victim did not agree with, or did not recover from, the victim; and (d) the degree of the victim’s injury was relatively heavy; and (c) the Defendant’s age, sexual conduct, environment, motive and means of, and circumstances after, the instant crime; and (d) the sentence was imposed by taking account of various sentencing conditions indicated in the records and arguments, including the circumstances after the crime.

The grounds for the improper sentencing (such as the defendant's like power, the degree of injury to the victim, the victim's severe punishment, etc.) alleged by the prosecutor are shown to have been sufficiently taken into account in determining the punishment of the defendant, and the above conditions of the sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.