The prosecutor's appeal is dismissed.

1. The sentence imposed by the court below (two months of imprisonment) is too unhued and unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to be unreasonable in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that it is unfair

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Taking full account of the following legal principles, comprehensively taking into account the following circumstances: (a) the Defendant committed the instant crime during the period of repeated crime; (b) the Defendant was subject to criminal punishment several times; and (c) the Defendant’s unfavorable circumstances, such as the Defendant’s confession, and the absence of agreement with the victim; (d) the Seoul Western District Court sentenced ten months to imprisonment with prison labor on January 25, 2019 and was able to be tried together with the instant assault; and (e) other favorable conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, the environment, the process and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

The prosecutor's assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "The status of acceptance by individual" shall be added to the previous conviction of the second sentence of the judgment of the court below in accordance with Article 25(1)