The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in 1.5 million won in e.g.) is too unhued and unreasonable.

2. Determination is recognized that the Defendant, while under the influence of alcohol, took a serious bath to the injured party, was the origin of the instant crime, and a special assault crime was committed by the Defendant by cropsing the victim’s head with beer and assaulting the victim’s head, and the nature of the crime is not good.

However, in full view of the following factors: (a) the degree of damage suffered by the victims is relatively minor; (b) the victims do not want to be punished by the defendant from the investigative agency; (c) the victims do not want to be punished by the defendant; (d) the defendant recognized the part of the crime of special assault against the victim J; and (e) there is no history of criminal punishment against the defendant after 1998; and (e) other factors of sentencing as indicated in the records and arguments, such as the defendant’s age, sexual conduct, environment, developments and motive leading to the crime of this case; and (e) circumstances after the crime, etc., the court below’s punishment is too unjustifiable and thus unfair.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure changed "the pertinent Article of the Act and the choice of punishment against the crime of 1." from among the "application of the law" of the judgment below to "the pertinent provision on the crime of 1." and deleted "the final judgment of the court below's third and tenth" from each "the final judgment of the court below" and "the final judgment of the court below's third and tenth." After the third and tenth of the judgment of the court below, Articles 40 and 50 [the punishment against the violation of the Act on the Punishment of Violences, etc. against Specific Assault and Victims J, etc. (joint assault)] of the Criminal Procedure Act, and correction of the judgment of the court below to "the selection of each sentence" and "the selection of each sentence on January 1.].