The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (2,00,000 won in penalty) is deemed unreasonable as it is excessively unhued.

2. The crime of this case is deemed to have been committed by the Defendant by means of spathing the victim’s breath, and its nature is bad.

The Defendant did not make an active effort to recover damage, even though the victim had a considerable physical or mental shock due to the instant crime.

The Defendant had been sentenced one time to suspend the execution of imprisonment with prison labor for a crime related to violence, and was sentenced to six times a fine, and was sentenced to imprisonment with prison labor for the same crime, and was committed again. However, in the course of a dispute with the victim, the Defendant was at risk of considering the motive of the instant crime by causing injury to the injured person, and the degree of the assault was not relatively heavy. In full view of the circumstances favorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed as unfair as it is excessively uneasible and unreasonable.

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.