A. The first instance sentencing (a fine of 1.5 million won) against the Defendant by the prosecutor (unfair punishment) is too unhued and unfair.

B. Defendant (person who is guilty of fact) did not assault the victim.

The first instance court found the defendant guilty, and there is an error of misunderstanding the facts.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court’s judgment on the Defendant’s assertion, the fact that the Defendant received the victim’s face once as stated in the judgment of the first instance court can be acknowledged.

Therefore, the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the Defendant’s assault and assault on the Prosecutor’s assertion is minor; (b) the Defendant was sentenced to a suspended sentence due to an injury in 2011, and there is no punishment; and (c) the Defendant’s age, character, conduct, environment, family relationship, etc., the sentencing of the first instance court against the Defendant is too uneasible and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. As such, the appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.