The prosecutor's appeal is dismissed.

1. The lower court’s sentence (6 months of imprisonment, two years of suspended execution, and 80 hours of community service order) against the Defendant on the gist of the prosecutor’s appeal grounds is too unfasible and unreasonable.

2. The crime of this case in the hospital emergency room is that the defendant assaultsd the victim D who prevents the defendant from harming the defendant's disturbance, and publicly insulting the victim by taking the above victim's desire. In light of the content of the crime, the criminal liability is heavy, the defendant did not make any effort to recover the damage of the victim, and the defendant had a record of punishment several times for the same crime.

However, it is reasonable to respect the Defendant’s confession of the instant crime in cases where there is no change in the sentencing conditions compared to the first instance court, and the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstance against the Defendant is that the lower court’s punishment does not fall under a special change of circumstances that could change the Defendant’s punishment, and that the Defendant’s wife’s age, sexual behavior, environment, etc., is relatively clear since her husband’s wife wanted to leave the Defendant’s wife. The Korean Criminal Litigation Act, which takes the trial-oriented principle and direct care, has the unique area of the first instance court’s determination of sentencing, and there is no change in the sentencing conditions, and that the lower court’s punishment against the Defendant does not seem to be too unfair if the Defendant’s punishment is taken into account in two circumstances, which form the conditions for the sentencing in the instant case, including the Defendant’s age, sexual behavior, and environment, etc.

3. In 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.