The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (an order of suspension of execution of one year and forty hours of violence therapy for eight months of imprisonment) is too uneased and unreasonable.

2. The crime of this case is acknowledged in light of the risk of the Act on the Punishment of Crimes, etc., as the crime of this case committed by the Defendant, which caused an injury to the victim’s head by beer disease, which is a dangerous object, due to the occurrence of a verbal dispute with the victim during drinking, and the crime of this case was committed by the victim, and there is a record of criminal punishment several times due to the same crime.

However, in light of the fact that the Defendant acknowledges the instant crime and reflects his mistake, the degree of injury suffered by the victim, the fact that there is no history of criminal punishment exceeding a fine, the Defendant appears to have compensated for part of the damage inflicted on the victim, the fact that there is a family member to support (the victim’s reversal due to agreement deposit, etc.) with an investigative agency, the fact that there is no special circumstance to newly consider after the decision of the lower court, and other factors such as the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime, the means and consequence thereof, the circumstances after the instant crime, etc., and all of the sentencing conditions that were shown in the theory of changes, etc., the sentence of the lower court cannot be deemed to be unfair because the sentence is too uneasible.

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.

However, Article 189 of the Criminal Procedure Act shall apply to the bearing of litigation costs.