The prosecutor's appeal is dismissed.

The court below's sentence (4 months of imprisonment, one year of suspended execution, one year of protection observation, and 40 hours of community service order) against the defendant in summary of the prosecutor's appeal grounds is too uneasible and unfair.

Judgment

The crime of this case is found to be disadvantageous to the defendant, for example, when the defendant takes the face of the victim, and inflicted an injury that requires approximately three weeks of medical treatment on the victim. In light of the contents of the crime, the criminal liability is heavy, the defendant has been punished as an act of violence several times, and the defendant has failed to agree with the victim.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects the defendant's mistake in depth, the victim first committed the fighting of this case, the degree of violence used by the defendant and the victim seems to be similar to that of each other, the defendant's physically handicapped disabled person and the disabled person in Grade 6 is not good, and the sentencing is determined in our criminal litigation law, which takes the trial-oriented principle and the principle of direct supervision, there is no change in the sentencing condition compared with the first instance court, and the sentencing of the first instance court does not change in the sentencing condition and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not fall under a special change in circumstances that could change the sentence of the court below after the court below was sentenced, and if the defendant's age, sexual behavior, environment, etc. two circumstances forming the conditions for the sentencing of this case, the court below's punishment against the defendant is too unfair.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.