The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (1.5 million won in penalty) imposed by the court below is too unfasible.

2. There are unfavorable circumstances such as assaulting victims within the judgment subway without any special reasons, sufficiently predicting the mental impulses of the victims, and having the records of the same crime over several times.

However, in full view of the following circumstances: (a) the degree of damage of the victim caused by the instant crime is not severe; (b) the victim was under the influence of alcohol due to the instant crime; (c) the disabled in class 5; (d) the disabled in the physical disability of class 5; and (e) the beneficiaries of basic living; (c) the disabled in the economic difficulty; (d) the victim’s mistake is in depth and efforts to prevent recurrence; and (d) other circumstances, which form the conditions for sentencing in the records and arguments, such as the Defendant’s age, family environment, etc., are deemed to have exceeded the reasonable scope of discretion, as it is too unfluened.

3. Accordingly, 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.