The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service time of 80 hours) is deemed to be too unhued and unreasonable.

2. The crime of this case, which is a dangerous thing, is likely to inflict bodily injury upon the victim’s head, and the defendant was punished several times for the same kind of crime, is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

The Defendant led to confession and reflect on the crime of this case.

In many cases, the degree of injury of the victim is relatively minor.

In the investigation stage, the injured party does not want to be punished by the defendant by unanimous agreement with the injured party.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.