The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, and 80 hours of community service) imposed by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the records, the sentencing conditions asserted by the prosecutor are determined to be the circumstances that were revealed and considered in the lower court.

On the other hand, considering the fact that the defendant repents his mistake and reflects, there is no particular criminal power in addition to the punishment of a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, there is no evidence to deem that the defendant committed an anti-social behavior, such as assaulting his father or his family before the instant case, the defendant's father does not want to take ad hoc measures against the defendant, and the defendant's motive that the defendant exercised his assault against his father at his own home, even though the circumstances of the instant case was assaulted by the police officer who was dispatched after receiving a report by his neighbor during the defendant's assaulting the defendant's father at his own house, such circumstance alone does not necessarily lead to the recognition of serious anti-social danger and the risk of recidivism.

The judgment below

There is no new circumstance to consider the sentencing after the sentence, and in light of all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it cannot be said that the sentence imposed by the lower court is too 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 ground that it is without merit. It is so decided as per Disposition.