The prosecutor's appeal is dismissed.

1. The sentence of imprisonment (six months of imprisonment) by the lower court to the point of the reasons for appeal is deemed as undue.

2. In light of the fact that there are a majority of the criminal power of the defendant on the market, the defendant was sentenced to a punishment for the same crime, and even if he was sentenced to a punishment for the same crime, it was not possible to compensate the victim for monetary damage, the victim did not reach an agreement with the victim, and the victim wanting to punish the defendant with heavy punishment, there is a need to punish the defendant.

However, the crime of this case is a contingent crime, the injury suffered by the victim is the fall in Vietnam. The main reason is that there is insufficient evidence to acknowledge the causal relationship between the fall of the victim and the defendant's assault, and the defendant is in depth. Considering the circumstances leading to the crime of this case and other factors of sentencing indicated in the records of this case, such as the defendant's age, character and conduct, method of committing the crime, circumstance after the crime, etc., the sentence of the court below against the defendant is not deemed to be unfair.

3. According to the 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.