The prosecutor's appeal is dismissed.

1. The lower court’s sentence (three million won in penalty) against the Defendant on the gist of the prosecutor’s appeal is too unfased and unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case was committed by the defendant without any particular reason to inflict an injury on the singing machines, and the nature and the circumstances of the crime are not weak; and the defendant committed the crime of this case even though he had been punished several times due to violent crimes, it is disadvantageous to the defendant.

On the other hand, the crime of this case is an contingent crime committed under the influence of alcohol, and the degree of injury therefrom is not much severe, and the defendant reflects the defendant's wrongness while committing the crime, the victim and his family members agree with it smoothly, and it is relatively clear that social ties are favorable to the defendant, such as the fact that the crime of this case is committed under the influence of alcohol, and all of the sentencing conditions indicated in the arguments of this case, such as the family relation, age, sexual behavior, environment, and circumstances after the crime, etc., are considered to be unfair because the punishment of the court below seems to be within a reasonable and appropriate scope.

Therefore, prosecutor's assertion is without merit.

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.