2. Unfavorable circumstances: The instant crime committed by the Defendant was committed with passengers aboard the taxi in which the victim is driving and resulting in an injury to the victim’s face while taking the victim’s face without any reason after having arrived at the destination, and is not good.

The defendant has been punished 12 times for the same crime (2 times for actual punishment, 3 times for suspended execution, 7 times for fines).

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

With the agreement with the victim, the injured party does not want to punish the accused.

The sentencing criteria shall not apply to the case where the defendant's age and character environment, including the above unfavorable circumstances, favorable circumstances, the relation to the victim, the motive means of crime, the circumstances after the crime, etc. of this case and the decision of the court below, have been selected as a fine as shown in the records.

In full view of the foregoing, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.