2. It is recognized that the nature of the instant crime is bad in light of the form of the instant crime and the method thereof, and that the Defendant was punished as a violent crime.

However, in light of the fact that the Defendant is breaking his mistake in depth, there is no history of punishment heavier than the fine, the circumstance leading up to the instant crime does not exist, and the victim did not want the punishment of the Defendant by mutual consent with the victim in the first instance, and other sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.