The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (12 million won in penalty) is too unhued and unreasonable.

As to the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), the lower court acquitted the Defendant on the possession of dangerous objects, and dismissed the public prosecution on the ground that the charge of assault was not punishable.

The prosecutor appealed the entire judgment of the court below, but did not submit the reason for appeal regarding the part of innocence and dismissal of prosecution within a legitimate period.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original court on the grounds that new materials were not submitted in the trial and that the sentencing of the first instance court is too excessive and it is not recognized that the sentencing of the lower court exceeded the reasonable scope of discretion in full view of all the reasons for sentencing presented by the lower court.

3. In conclusion, the prosecutor's appeal against the guilty portion of the judgment of the court below is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal against the guilty portion of the judgment below is without merit, and the prosecutor's appeal against the acquittal and dismissal portion of the judgment of the court below is not submitted within a legitimate period, and as such, the prosecutor's appeal shall be dismissed in accordance with Article 361-4 of the Criminal Procedure Act. However, as long as the prosecutor's appeal against the prosecutor'