The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In the past, the Defendant, while under the influence of alcohol, committed violent crimes, etc., and committed assault against the customers who had the meals on the cafeterias in the state of drinking, without among those who had been punished several times.

The risk of recidivism still remains unless the defendant improves the wrong drinking habits.

I seem to appear.

However, the Defendant recognized the crime of this case and reflected his mistake.

The F, a restaurant operator, submitted a written agreement stating the intention not to punish the defendant at the court below, and the victim C, who interfered with the business, also expressed that he does not want to be punished against the defendant.

The degree of violence used by the defendant against the victim is not severe.

The defendant has been punished several times for violent crimes in the past, but all of them have been sentenced to a fine, and after 2010, there is no particular criminal record except for those who have been sentenced to a minor fine (50 million won) once due to violence.

In full view of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and methods, results, etc., and all the sentencing conditions as shown in the arguments and arguments, it seems more reasonable to give the Defendant the opportunity to resume the Defendant’s imprisonment as a member of society only once, rather than immediately isolation from society. Thus, it cannot be said that the lower court’s sentence is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.