The prosecutor's appeal is dismissed.

1. The lower court’s judgment on November 5, 2014 regarding the charge of assault against the Defendant among the facts charged in the instant case was dismissed, and the charge of assault on November 19, 2014 was pronounced guilty, and the part dismissing a public prosecution for which a prosecutor has not appealed due to only the prosecutor’s appeal on the guilty portion becomes final and conclusive by the lapse of the appeal period, and thus, the lower court’s judgment is to be limited to the convicted portion among the lower judgment.

2. The penalty (two million won in penalty) declared by the lower court on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

3. It is recognized that the defendant committed the instant crime without being aware of the fact that he/she committed the instant crime in the same kind of violent crime and did not agree with the victim, as well as that he/she was sentenced to a fine, suspension of execution, and punishment on several occasions.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the degree of assault is not serious; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions stated in the pleadings of the instant case, such as the motive, means and consequence of the instant crime; and (b) the sentence of the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

4. 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.