The prosecutor's appeal is dismissed.

1. The court below's scope of trial in this Court dismissed the prosecution of assault among the facts charged in this case and sentenced guilty as to the remainder of the facts charged.

In that sense, the part of the judgment of the court below against which only the prosecutor appealeds the guilty part of the judgment of the court below and the dismissed part of the public prosecution is not appealed by both the prosecutor and the defendant, and thus the dismissal part of the above public prosecution is separate and confirmed, the scope of the judgment of the court below

2. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment of four months in imprisonment declared by the court below is too uneasible.

3. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared with the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The following facts are examined: (a) the Defendant has the record of criminal punishment on several occasions, such as three times of suspended sentence, three times of suspended sentence, one time of suspended sentence, etc.; (b) the Defendant committed the instant crime without being aware of the repeated period due to the crime of confinement; (c) the Defendant committed the instant crime without being aware of the repeated period; and (d) the Defendant’s life with the detention of the instant crime of this case, has a dispute with the end of 18 days of punishment by avoiding disturbance; and (d) the Defendant is deemed to have been subject to the disciplinary disposition of 18 days of punishment by avoiding the disturbance of the instant charges; and (c) the Defendant’s age of injury to the victim.