The prosecutor's appeal is dismissed.

1. The penalty (six months of imprisonment without prison labor, two years of suspended execution, and 80 hours of social service) declared by the original court which is the summary of the grounds for appeal is unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The extent of injury inflicted on the victim (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) is more severe, and the Defendant did not make any effort to recover from damage to the trial due to a bad attitude that causes the Defendant’s fault with the victim, is disadvantageous to

However, considering the fact that the defendant recognized the crime of this case and prevented recurrence, the minimum damage recovery would be made through the mandatory insurance to which the defendant joined, and the fact that the defendant has no record of criminal punishment except for those sentenced three times to a fine for long time, considering the circumstances favorable to the defendant, and the overall conditions of all the sentencing specified in the argument of this case, such as character, conduct and environment of the defendant, etc., the sentence imposed by the court of original judgment appears to be within the reasonable scope of its discretion, and there is no change in sentencing conditions to be newly considered in the trial.

Therefore, it is not recognized that the sentence of the judgment below is too uneasible and unfair.

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.