2. The judgment is recognized that the Defendant did not agree with the victim and did not take any particular measures for the recovery of damage, but it is not determined that the Defendant was unjust because the injury suffered by the victim is relatively minor, the Defendant also suffered injury by assault by the victim, and the Defendant is the disabled class 2 of the delay disability, and the Defendant is the primary offender, and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and all other circumstances indicated in the records and arguments, such as the circumstances after the crime, etc. are considered to be the primary offender.

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