The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In the past, the Defendant committed assault against the victim by using the victim’s chest and neck as a hand, without any particular reason, even though he had been subject to punishment several times by committing violent crimes (one time a suspended sentence of imprisonment with prison labor, ten times a fine).

Considering that the defendant was unable to take advantage of his/her failure to take advantage of his/her failure to take advantage of the fact from the injured party up to the trial, there is no possibility of criticism against the defendant, so the defendant needs to be punished corresponding

However, the defendant recognized the crime of this case, and reflects his mistake in depth, and tried to seek a letter from the investigation stage to recover the damage.

At the time of the instant case, it appears that the occurrence of the instant crime was likely to result in the occurrence of the instant crime, while under the influence of alcohol, and the degree of violence used by the Defendant is not severe.

In full view of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and method, results, and all the sentencing conditions as shown in the present case’s records and arguments, the sentence imposed by the lower court cannot be deemed unfair because the sentence is too uneasible.

Therefore, prosecutor's argument cannot be accepted.

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