The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.

2. As the Defendant committed the instant crime during the period of stay of execution due to the crime of injury, the liability for the crime is not minor.

However, the Defendant reflects the instant crime, and comprehensively takes account of the degree of the instant assault, the circumstances leading up to the instant crime, and all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the commission of the crime, the sentence of the lower court is too uneasy and unreasonable.

Therefore, prosecutor's assertion is without merit.

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. It is so decided as per Disposition.