The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unreasonable because the sentencing (two years and six months of imprisonment) of the court below is too uneasible.

2. The sentencing on the basis of a statutory penalty is a discretionary judgment that takes into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope, on the basis of the statutory penalty.

However, considering the unique area of sentencing in the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction in our criminal litigation law and the nature of the ex post facto review of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion when comprehensively considering the factors and sentencing criteria in the course of the first instance sentencing trial.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant with due regard to the sentencing stated in its reasoning. The crime of this case is very poor, the crime of this case is not likely to be dead, and the victim suffers serious injury to the extent that it is difficult to lead a normal life even if recovered, the victim’s family members are suffering from mental and economic suffering, and the Defendant is under severe punishment, and the Defendant has a history of being subject to criminal punishment due to multiple violence cases in the past.

In addition, there is no change in the conditions of sentencing to be newly taken into account in the trial.

Thus, the judgment of the court below is at its discretion.