2. In full view of the following: (a) the degree of injury inflicted on the victim does not be somewhat weak; (b) the victim did not agree with the victim; (c) the victim is liable for the occurrence of the instant case even for the victim who committed the Defendant’s violent act by taking the head into custody of the Defendant’s chests; (d) the Defendant deposited KRW 5 million for the victim in the trial process; and (e) the Defendant recognized the victim’s mistake and reflected, the sentence of the lower court cannot be deemed unfair because it is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.