The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the lower court (five million won of a fine) is too unhued and unreasonable.

2. The Defendant had been guilty of 12 times of violence, and among them, the crime of this case was committed during the period of repeated crime. However, the assault of this case is merely a mere display of drinking (not meeting the police officer) and the degree of assault is relatively minor, and the Defendant has a habitant nature holding violent inclination in the withdrawal of drinking, and the Defendant committed the crime of this case during the commission of the crime of this case. Since he was committed with efforts to treat fundamental causes of violence, such as hospitalization for a considerable period of time to treat alcohol dependence after the instant case, it cannot be deemed that the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., and in light of all the sentencing conditions indicated in the record of this case, it is unreasonable to see that the lower court’s sentence against the Defendant is too unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.