The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing a public prosecution on the charge of assaulting among the facts charged in the instant case. The Defendant appealed on the conviction portion among the lower judgment on the ground of unreasonable sentencing, and the prosecutor did not appeal.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, only the guilty portion of the judgment below belongs to the scope of the judgment of this court.

2. The lower court’s punishment (six months of imprisonment) against the accused against the gist of the grounds for appeal is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with 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 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the original judgment, as the materials for new sentencing have not been submitted at the trial and the lower court did not appear to be unfair because the sentencing revealed in the process of the instant pleading goes too far beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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