The prosecutor's appeal is dismissed.

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

2. Determination is an unfavorable circumstance that the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of 10 months on March 17, 2016 due to the violation of the Punishment of Violences, etc. Act, by jointly assaulting the victim, committing the act of driving alcohol without obtaining a license, and having been punished for the same kind of crime.

However, in light of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the fact that the defendant does not repeat the crime, the degree of participation in joint assault is relatively insignificant, the degree of participation in joint assault is relatively low, the victim's blood alcohol level is also low, the victim does not want punishment against the defendant in agreement with the victim, the victim's family members are not obliged to support, and all of the sentencing conditions indicated in the instant case, such as the defendant's age, sex behavior, environment, circumstances and result of the instant crime, and the circumstances after the crime, etc., the prosecutor's above assertion is not justified.

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.