2. According to the fact that the defendant committed the instant crime in prison and has been punished for violent crimes, the defendant's liability for the crime is not weak.

However, there is also need to take into account the circumstances such as the fact that the crime of this case was committed with the victim during the course of mutual assault with the victim, the burden of treatment expenses for the victim, etc., the victim does not want the punishment of the defendant, the injury suffered by the victim is not hot, and the defendant committed the crime of this case.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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.