The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, 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, Jul. 23, 2015). The crime of this case is deemed to have inflicted an injury on the victim by causing the victim to be pushed ahead of his/her former wife, or her neck, etc., and thus, the form of the act of assault is bad and the degree of injury is not weak.

However, there has been no history of criminal punishment until now, mediation has been concluded that the defendant and the victim have divorced smoothly and the victim has withdrawn all of the cases of complaint against the defendant in the related divorce case, and the victim has withdrawn the complaint of this case according to the contents of the above mediation.

In addition, comprehensively taking account of the Defendant’s age, the motive and background of the instant crime, family relationship (the fact that the Defendant supports the three children who were born after divorce with the victim), and various conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment exceeded the reasonable scope of discretion, or is too unjustifiable.

3. Therefore, 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. It is so decided as per Disposition.