2. The Defendant’s criminal records, the Defendant’s criminal records, the contents and consequences of the instant crime, and the damages have not been recovered. However, the Defendant’s crime of this case appears to have occurred as a result of physical fighting with the victim’s speech, dispute with the victim, which appears to have occurred contingently. The Defendant has an opportunity to reflect by living in custody near three months, and other conditions of sentencing indicated in the records of this case, such as the Defendant’s age, sexual behavior, environment, etc., cannot be deemed to be unfair because of excessive sentence imposed by the lower court.

3. Since the appeal by the prosecutor of the conclusion is without merit, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.