The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). The sentencing conditions asserted by a prosecutor are mostly the circumstances that were revealed and considered in the lower court.

On the other hand, it is doubtful that the defendant used violence immediately before the crime of this case, the defendant stated that he refused hospital treatment even though he had expressed his intention to refrain from committing an anti-social personality disorder, and that the defendant was subject to a disposition of transfer of juvenile protection cases or a disposition of non-right to prosecute due to violence due to habitual violence, etc. other than the past sentenced to the fine due to the crime of injury, etc.

The judgment below

There is no new circumstance to consider the sentencing after the sentence, and in light of all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it cannot be said that the sentence imposed by the lower court is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.