A. In light of the fact that the defendant and his defense counsel (unfair form of punishment) made a mistake against the defendant in the first instance, there are some circumstances to consider the background leading to the crime of this case, it is difficult to engage in physical activities due to the injury inflicted in the military service, and the fact that they are persons of distinguished service to the State, the sentence of the court below that sentenced 1 year and 6 months of imprisonment and 2 years of suspended sentence is too unreasonable.

B. In light of the following: (a) the prosecutor (unfair) the Defendant did not reflect the wrongs; (b) the victim suffered bodily injury, such as the loss of the baby, the escape of the baby in need of approximately four weeks of treatment due to the instant case; and (c) the Defendant’s intent to punish; and (d) the need to punish the violent crime, the lower court’s punishment is too unreasonable.

2. The judgment of the court below is against the defendant's wrong judgment, and it is recognized that the defendant deposited 4 million won for the recovery of damage. Meanwhile, on May 12, 2004, there are several occasions of criminal punishment including that the defendant was punished by a fine of 2 million won due to the crime of damage to public goods, etc. in the Suwon District Court's Ansan Branch's assistance on May 12, 2004, and the degree of injury suffered by the crime of this case is not less severe than that of the victim, and the victim was punished by the crime of this case. In light of the motive and circumstance of the crime of this case, the circumstances before and after the crime of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, as shown in the records and arguments of this case, the sentence of the court below is judged to be proper, and it is not determined that the defendant's punishment

Therefore, the above ground of appeal is without merit.

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