2. Although the judgment of the court below is recognized that the defendant committed a second offense even if the defendant had a previous conviction for the same kind, the defendant is against the defendant, the fact that the victim was not punished by the original agreement with the victim, the degree of injury inflicted by the defendant is relatively minor, and the other defendant's age, sex, family environment, the circumstances and results of the crime of this case, and the following circumstances are examined, if the court below's punishment is too uneasible and unfair, the prosecutor's above assertion is without merit.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.