The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., a fine of 700,000 won) imposed by the court below on the defendant is too unfilled and unfair.

2. The crime of this case, however, is deemed to have been committed by the Defendant without any particular reason against the victim, who is an employee of the convenience store in drinking, and the Defendant cannot be deemed to be less liable in light of the repeated crime similar to this case under the influence of alcohol, and there is no agreement with the victim, and the Defendant has the same criminal records such as assault, obstruction of duty, and damage 18 times including two criminal records beyond the suspension of execution, and the possibility of recidivism is high.

On the other hand, the fact that the defendant repents and reflects the crime of this case, the degree of the assault of this case is light, the degree of damage of the victim is minor, the defendant seems to seriously endeavor to improve the prevention of drinking habits, and the fact that the defendant has economic difficulty as a beneficiary of basic livelihood security is favorable to the defendant.

In full view of the above circumstances and other circumstances that lead to the instant crime, the circumstances after the commission of the crime, the age, character and conduct, family relationship, environment, occupation, etc. of the Defendant, and the conditions of the sentencing as shown in the records and arguments, and in full view of the fact that it would be more effective to prevent the recidivism, it is deemed that the sentence of the lower court is too unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is rejected.

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