The prosecutor's appeal is dismissed.

1. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of KRW 1.5 million by applying Articles 262, 261, and 257(1) of the Criminal Act.

B. The lower judgment was reversed by applying Articles 262, 261, and 258-2(1) of the Criminal Act, and the Defendant was sentenced to six months of imprisonment, one year of suspended sentence, and 40 hours of lecture attendance order for compliance driving, by applying Articles 262, 261, and 258-2(1) of the Criminal Act, by accepting the Prosecutor’s assertion of misapprehension of the legal doctrine and finding the Defendant guilty of the instant

(c)

In the case of injury caused by special assault, the Supreme Court accepted the defendant's appeal and reversed the entire judgment of the party prior to remanding, on the ground that it is reasonable to interpret the same as the previous Criminal Code, notwithstanding the establishment of Article 258-2 of the Criminal Code, it is reasonable to punish the same as the previous Criminal Code.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (1.5 million won in penalty) is too uneasy and unreasonable.

The prosecutor withdrawn the misapprehension of the legal principles on the third trial date.

3. According to the arguments and records of the instant case, the lower court’s punishment appears to have been appropriately determined by fully considering various sentencing grounds asserted by the prosecutor, and there is no special circumstance to change ex post facto sentencing in the first instance trial.

4. 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.