2. The crime of this case in light of the following facts: (a) the Defendant, while drinking with the victim’s workplace ties, fluencing the victim, fluencing the victim with a serious problem; and (b) the fluencing part of the flucing disease with the shoulder of the victim’s left side; (c) the act was considerably dangerous; (d) the nature of the crime is not good; (e) the degree of injury of the victim caused by the crime of this case is not less likely; (e) the victim did not reach an agreement with the victim; and (e) the Defendant did not compensate for the damage, etc., it is necessary to punish the victim with severe punishment.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of a crime, and circumstances after a crime, the lower court’s punishment that suspended execution of imprisonment and ordered community service is too unjustifiable, and thus, cannot be deemed unreasonable, in light of the following: (a) the Defendant was the first offender of the same kind, and was sentenced to minor fines due to a violation of the Military Service Act; and (b) the instant crime was not planned but was committed contingent by a net emotional sentiment.

3. In conclusion, 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.