The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The fact that the instant crime was committed even though a number of violent crimes have already been committed and the same repeated crime is being committed, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant, while under the influence of alcohol, seems to have broken down with the victim by chance while breathing with the related person, the degree of injury suffered by the victim is relatively minor, and that the victim does not want the punishment of the defendant is favorable to the defendant.

In full view of the factors and form of sentencing in the lower court’s sentencing, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances, age, sex, environment, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not deemed unfair because it is too low.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.