The prosecutor's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding the assault among the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed part of the public prosecution for which the prosecutor did not appeal due to the prosecutor’s appeal only for the guilty portion becomes final and conclusive upon the expiration of the appeal period. Accordingly, in the first instance court, the lower court is to decide only on the guilty part of the lower judgment.

2. The summary of the grounds for appeal that the lower court rendered (one million won of the suspended sentence) is deemed to be too uneasy and unfair.

3. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfilled and exceeded the reasonable scope of discretion.

It does not appear.

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.