2. Determination is an unfavorable circumstance to the defendant, such as the fact that the defendant was unable to recover from damage or to agree with the victim, and that there was a record of punishment for the same kind of crime.

However, the crime of this case was committed by the defendant under the influence of alcohol by avoiding disturbances between 20 minutes at the restaurant operated by the victim, thereby obstructing its business, and the degree of interference with its business is significant.

In light of the following facts: (a) it is difficult to see that the Defendant recognized the instant crime; and (b) the Defendant’s age, sexual conduct, environment, family relationship, motive, motive, and circumstances after the commission of the instant crime; and (c) considering all the sentencing conditions specified in the instant records and arguments, the lower court’s punishment cannot be deemed unfair because it is too unfeasible. Therefore, the Prosecutor’

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.