2. The content of the crime resulting in injury upon the victim’s head due to a judgment-based injury is that the nature of the crime is not less than that of the crime, and that there are many kinds of criminal records.

However, in full view of the fact that the victim assaulted the defendant first, resulting in an contingent crime of this case, that the victim did not want the punishment of the defendant, that the victim appears to recognize and reflect his mistake, and that other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, sexual conduct, environment, etc., it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfeasible.

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