The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is a kind of spit that the Defendant spits the back head of the victim D while driving a taxi on one occasion and the victim stops the taxi to the face, which is not only an abuse of violence against an individual but also a dangerous offender who may cause harm to human life and property much more when the driver leads to a traffic accident, not an appropriate compensation for the victim, and there is still a history of criminal punishment for violent crimes.

However, in full view of all favorable circumstances, such as the fact that the Defendant recognized the instant crime, that it is difficult to view the degree of violence committed by the Defendant to be serious, that there is no record of criminal punishment other than a fine, that the Defendant was subject to criminal punishment for violent crimes, that the Defendant was 30 years prior to criminal punishment, that the Defendant was 72 years old, and that the health status is somewhat inappropriate, it is difficult to see that the sentencing of the lower court is too unreasonable, in view of all the sentencing conditions, including character, conduct, environment, and family relationship.

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.