The prosecutor's appeal is dismissed.

1. The lower court’s sentence (one year of imprisonment, one year of suspended execution, one year of protection observation, and 40 hours of compliance driving) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. Determination

A. According to our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that the determination of sentencing exists in the court of first instance, and the fact that the court of first instance ex post facto character of the appellate trial does not change the conditions of sentencing compared to the court of first instance, and that the sentencing of first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched during the oral argument of the court below, and there was no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized the crime of this case and reflects in depth, the victims suffered injuries requiring medical treatment for a two-day period. The victims did not have serious degree of injury, agreed with the victims, the aged and economic situation is not good, and other various sentencing conditions specified in the records and arguments, including the defendant's age, sex behavior, environment, means and consequence of the crime, etc., are considered, and the sentence of the court below is too unjustifiable and unfair.

Therefore, prosecutor's assertion is not accepted.

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.