The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant committed an assault against the victim’s face face, and the liability for the crime is not easy in light of the content of the crime, etc., and the Defendant committed the crime of this case despite the fact that he had been punished eight times for a violent crime, etc.

However, the defendant's confession of the crime of this case is against the mistake, and this case is a case of so-called "a pair of violence" where the defendant and the injured person inflicted each other's bodily injury while fighting, the defendant also suffers bodily injury due to the violence of the injured person, the degree of injury of the injured person is not severe, the defendant seems to have committed the crime of this case contingently under the influence of alcohol, the defendant's last crime records related to violence are prior to nine years, and the defendant paid three million won to the injured person and agreed that the injured person does not want the punishment of the defendant.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be unfair and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.