2. Determination is an unfavorable circumstance, such as that the Defendant did not agree with the victim even though the victim was injured, or did not recover from the damage, and that the Defendant was sentenced to a fine of KRW 700,000 due to a violation of the Punishment of Violences, etc. Act (at night and a joint injury) in 2005.

On the other hand, the fact that the king evidence of the victim seems to have an effect on the victim's occurrence of injury, the defendant's above 14 years prior to his or her violence, and there are no other assault or injury criminal records, and there are no criminal records exceeding the fine.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.