The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. In light of the fact that the instant crime committed assaults the victims who were drinking on the side of the restaurant without any reason, but did not recover from damage up to now, and that the Defendant had been punished several times for violent crimes, there is a high possibility of criticism against the Defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant was punished for violent crimes in the last 2010 and there is a time interval from the crime of this case, and the crime of this case appears to have been committed by the defendant in the influence of alcohol, and other circumstances that form the conditions for sentencing as shown in the arguments, it is difficult to evaluate that the sentencing of the court below is too unfeasible, but it is too unfasible so that it can not escape from destruction and is unfair.

Therefore, prosecutor's assertion is without merit.

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.