The judgment below

The guilty part shall be reversed.

The sentence of sentence against the defendant shall be suspended.

An appeal by a prosecutor.

1. Summary of grounds for appeal;

A. The punishment imposed by the court below (unfair punishment) is too unreasonable. The punishment imposed by the defendant (a prison labor for eight months, a suspended sentence of two years, and a community service for 120 hours) is too unreasonable.

B. In light of the fact that the Defendant’s assault by the prosecutor (a factual error or misapprehension of the legal principle) was committed within a short period of time after the victims transferred to a post-ex-ex-ex post facto disease, there is a habit of assault against the Defendant.

Nevertheless, the judgment of the court below which acquitted the habitual assault of this case is erroneous in the misapprehension of legal principles as to habitual assault, or in the misapprehension of legal principles as to habitual assault.

2. Determination

A. In light of the evidence duly adopted and investigated by the court below regarding the prosecutor's assertion of mistake of facts or misapprehension of legal principles, the court below is justified in holding that each of the crimes of this case constitutes a case where there is no proof of facts constituting habitual assault since it is difficult to readily acknowledge that each of the crimes of this case was caused by the creation of violent assault inherent in the defendant, and thus, it is not erroneous in the misapprehension of legal principles as pointed out by the prosecutor, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

B. Each of the crimes of this case on the Defendant’s assertion of unfair sentencing is an assault by the Defendant using his position of the victim who was later under mandatory service in the military forces, and the nature and circumstances of the crime are not sufficient.

However, the sentencing shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive and circumstance after the crime, etc., is recognized and against all of the crimes of this case, and the victim C and the victim were committed in the first instance. The above victim did not want the punishment of the defendant, there is no specific penalty power, and other records and arguments.