The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 160 hours of community service order) declared by the court below is too uneasy 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). Based on the foregoing legal doctrine, the instant crime was committed by the Defendant with a beer’s disease, thereby causing injury to the victim. The fact that the Defendant was sentenced to violent punishment is an unfavorable condition to the Defendant.

However, the lower court determined the Defendant’s punishment in consideration of various circumstances, such as the Defendant’s payment of medical expenses and recovery of partial damage, and ordered considerable time of community service while suspending the execution of the punishment.

The judgment below

No particular change in circumstances can be found in the matters requiring sentencing after the sentence, and in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime was committed, etc., the sentence of the lower court cannot be deemed unreasonable as it is excessively feasible.

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.