2. The judgment of the defendant has been subject to criminal punishment for the same kind of crime, etc. over several times, and considering the fact that the crime of this case was committed during the period of the suspension of execution, the defendant should be punished strictly.

However, in light of all the circumstances, including the Defendant’s age, character and conduct, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the crime, the sentence of the lower court cannot be deemed to be unreasonable, as it is too unreasonable, considering the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) the driving distance of a motor vehicle under the influence of a license without drinking; and (c) the victim’s intent to punish the victim in the case of assault.

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 on the ground that it is without merit. It is so decided as per Disposition.