The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (two million won in penalty) is unfair because it is too unhued.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant again committed the instant assault crime even though he/she had been punished five times due to his/her violent crime, and the fact that the victim is still seeking punishment because he/she did not reach an agreement with

However, in full view of all the conditions of sentencing as shown in the records and arguments of change, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, relationship with the victim, etc., considering the following factors: (a) the Defendant was not subject to a punishment of imprisonment or heavier punishment on five occasions due to violent crimes; and (b) the degree of assault committed by the Defendant is minor, it is deemed that the sentence imposed by the lower court exceeds the scope of discretion held by the lower court.

It does not seem that it does not appear.

Therefore, we cannot accept the prosecutor's sentencing and light argument.

3. 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.