The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles stated in the injury diagnosis statement ① that “the injured party suffers from 14-day eyes and snow injuries,” and that the injury diagnosis statement is reliable as it is diagnosed and issued on the day following the date of the occurrence of the instant case; ② the victim’s prescription is in line with the above diagnosis contents as an anti-control, chymaloccy, disguised physical control, and anti-economic influence; ③ the injured party has been suffering from shock in snow due to a large volume of skin, and her he had been suffering from shock in snow.” “The injured party had been suffering from shock for 2 to 3-day after he was suffering from her eye,” “I have come to her eye and come to her eye around her eye,” and “I have to make it difficult for the victim to maintain his livelihood due to the shock and confising of snow,” “I have to do so.”

In full view of the fact that the defendant stated that the victim suffered injury due to the defendant's assault, but the victim's wife suffered from the defendant's assault did not constitute injury as provided in Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the court below erred by misapprehending the legal principles or erroneous determination.

B. The sentence imposed by the lower court on the Defendant (one million won of a fine) is too uneased and unreasonable.

2. Determination

A. The summary of this part of the facts charged is as indicated in the facts constituting the crime in the judgment below. The Defendant, as indicated in the judgment of the court below, committed an misunderstanding of the facts and misapprehension of the legal principles as to the prosecutor’s assertion of the facts charged. The Defendant, as to the driver of a motor vehicle operating in one time at the right part of the victim C, had the driver of the motor vehicle operating in two weeks’ right part, such as snow booming and snow booming, etc.