The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment) is too unhued and unreasonable.

2. The circumstances are that the victim suffered serious injury that requires 12 weeks of care due to the instant crime, and that there is a high possibility of disability after the completion of subsequent treatment, and that family members of the victim want to be punished against the Defendant by failing to reach an agreement.

On the other hand, there are more favorable circumstances such as the fact that the defendant's mistake is recognized and against the defendant, the extent of the defendant's assault is relatively heavy, and the defendant has no power to be subject to criminal punishment in Korea.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too uneasible and it does not seem unfair, so the Defendant’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.