2. The judgment of the defendant committed the crime of this case to another prisoner in prison, committed the crime of this case to another prisoner, committed several times of violence, and committed the crime with significant injury to the victim, it is reasonable to punish the defendant strictly.

However, the circumstances such as the Defendant’s reflect on the instant crime, the fact that the instant crime was committed while fighting with the victim, and the victim expressed his/her intent not to be punished, may also be recognized.

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 lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and 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.