The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court rendered the above sentence, taking into account the favorable circumstances, such as the fact that the Defendant had been subject to criminal punishment several times of probation, and the Defendant committed the instant crime without being aware of the fact that he/she was in the period of probation, and the degree of assault appears not to have serious degree, and the fact that the Defendant recognized the crime and divided the mistake, etc., was sentenced to the above punishment.

In full view of the fact that there is no change in circumstances to change the sentencing of the court below in addition to the unfavorable circumstances considering the court below's consideration, and all the conditions of the sentencing, including the defendant's age, sexual conduct, environment, circumstances leading to the crime, means and consequence, scale of the crime, circumstances after the crime, etc., which can be known through records and pleadings, the punishment sentenced by the court below is deemed appropriate, and the judgment of the court below exceeded the reasonable limit of its discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so unreasonable to the extent that the lower court ought to be reversed.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.