The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in four months of imprisonment) is too unhutiled and unfair.

2. 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 such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the injury suffered by the victim is not easy, and that the Defendant did not reach an agreement with the victim, but the degree of the assault inflicted by the Defendant is not excessive, and that the injury suffered by the victim was not intended by the Defendant.

It is necessary to take into account the favorable circumstances, such as the fact that the defendant shows a mistake, recognized the defendant's mistake and is in profoundly against the defendant, and that the defendant is the primary offender.

Other circumstances alleged by the prosecutor on the grounds of appeal are deemed to have been considered in the sentencing process of the lower court, and there is no new change in circumstances that make it possible for the lower court to change the sentence in the trial.

When comprehensively considering the conditions of sentencing, such as the Defendant’s age, sex, environment, etc., as shown in the arguments of the lower court and the deliberation of the lower court, and the scope of the recommended punishment according to the sentencing guidelines, the lower court’s sentence may not be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too uneasible.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.