The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a sentence of two and a half years of imprisonment and a fine of 600,000 won) is too uneased and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, it is desirable to refrain from rendering a sentence that does not vary from the first instance court on the grounds that new sentencing data are not submitted in the health unit and the appellate court, and there is no change in the conditions of sentencing, and in particular, considering the fact that the sentencing of the lower court is too narrow and that the degree of assault is not severe and that the sentencing of the first instance court exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor’s appeal is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, the proviso of Article 35 and Article 42 of the Criminal Act’s Article 35 of the Criminal Act’s Article 35 and Article 42 of the Criminal Act’s Article 6 of the judgment below’s Article 2 of the Criminal Procedure Act’s Article 35 of the Criminal Act’s Article 35 of the Criminal Act’s Article, and Article 5 of the Chapter 6 of the Criminal Act’s Article 25 of the Rules on Criminal Procedure’