The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in six months of imprisonment, and order of observation of protection) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant inflicted a planned injury on the victim, the fact that the damage was not recovered, and the fact that the Defendant had the history of the same kind of crime (crime of violence) already committed several times is disadvantageous.

However, there are favorable circumstances such as the defendant's recognition of the crime of this case from the investigative agency, and the fact that the victim is responsible for the occurrence of the crime of this case, such as assaulting and taking a bath first, etc. against the defendant who intends to help him/her.

The court below appears to have ordered the probation observation along with the suspended sentence of imprisonment, taking into account all the above circumstances into account, and there is no change in the sentencing conditions different from that of the court below in the court below.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and background of committing a crime, means and consequence of committing a crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after committing a crime, the lower court’s punishment cannot be deemed to be unfair as it goes beyond the reasonable scope of discretion.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.