The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is too unhued and unreasonable.

2. The Defendant’s crime of this case with respect to the grounds for appeal is an unfavorable circumstance to the Defendant, where the Defendant committed an injury requiring medical treatment for about 10 weeks in consideration of the brupted victim’s non-discriminatory treatment, and where the degree of injury suffered by the victim is serious and its nature is not good.

However, in light of all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, means and consequence, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable, considering the following: (a) the Defendant led to the confession of the instant crime; (b) the victim appears to be in considerable responsibility for the dispute over the victim; (c) the victim withdrawn his intention of not to punish the Defendant; and (d) the victim tried to punish the Defendant; (c) the victim was aware that his failure to withdraw the commission of punishment was caused by misunderstanding; and (d) the victim complained of the Defendant’s wife; and (e) the Defendant did not have any criminal conviction or heavier punishment; and (e) the Defendant did not have any other criminal conviction or heavier punishment.

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