The prosecutor's appeal is dismissed.

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances in its holding.

The circumstances alleged by the prosecutor as the grounds for appeal (such as the same type of force and the previous conviction of the same repeated crime) are shown to have been considered in the sentencing process of the original court, and there is no new change in circumstances that could change the sentence of the original court in the trial

In addition, comprehensively taking account of the Defendant’s age, health conditions (in the course of hospitalized treatment due to emulsion disorder, alcohol dependence, etc.), living environment, and the circumstances after committing the crime (part recovery and agreement), etc., the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion or to be unreasonable because it is too uneasible.

3. Therefore, 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.