The prosecutor's appeal is dismissed.

1. The lower court rendered a conviction on the damage of property among the facts charged in the instant case, and rendered a judgment dismissing the prosecution regarding the act of assault.

However, since only the prosecutor appealed on the ground of unreasonable sentencing only for the guilty portion of the judgment below, the dismissal of prosecution became final and conclusive as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem that the lower court exceeded the reasonable scope of discretion, as it is too unfluent.

4. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.