The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

Though there are unfavorable circumstances in sentencing, including the following: (a) the Defendant’s use of violence against the victim without any particular reason; (b) the Defendant did not agree with or recover damage to the victim even before the trial; and (c) the Defendant had a record of criminal punishment, such as criminal punishment on several occasions due to the same kind of crime, etc., it is difficult for the lower court to evaluate that there exists any change in sentencing conditions compared with the lower court as the circumstances already considered in the process of determining the sentence; (c) the Defendant has led to the confession of the instant crime; and (d) the Defendant has not committed any assault; and (d) the Defendant’s age, character and behavior, environment, background of the crime; and (e) the circumstances revealed in the oral proceedings of the instant case, including the Defendant’s age, character and behavior; and (e) the degree of

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.