A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant agreed with the victim, and that the degree of injury caused by the instant crime is not significant is an element of sentencing favorable to the Defendant.

However, the Defendant, while serving in prison and without being familiar with, is not enough to commit the instant crime against a prisoner confined in prison.

In addition, the defendant has already been punished for the same crime such as assault several times, and should be considered as a factor of sentencing disadvantageous to the defendant.

In light of the above facts and other conditions of sentencing as indicated in the instant case, such as the Defendant’s age, sex, and environment, the punishment determined by the lower court against the Defendant is within the reasonable scope of sentencing, and is not deemed unfair or too heavy.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

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