The prosecutor's appeal is dismissed.

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (one year of imprisonment and two years of suspended execution, observation of protection, and eight hours of community service order) is too uneased and unreasonable.

2. In cases where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to the said sentence.

All circumstances pointed out by the prosecutor in the grounds of appeal, such as the tool of the instant crime, the part of the injury, the degree of damage, and the unagreement with the victim, etc., are all the circumstances that the court below has already considered or was present at the court below in determining the punishment.

In addition, even if examining the conditions of sentencing as shown in the argument of the instant case, such as the character and conduct of the Defendant, the motive of the crime, and the circumstances after the crime, the judgment of the lower court exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, prosecutor's assertion is without merit.

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