2. We examine the reasoning of the judgment and the prosecutor together.

While there are favorable circumstances for the defendant, such as the fact that the defendant acknowledges and reflects his mistake, that the victim does not want the punishment against the defendant, that the victim appears to have committed a somewhat contingent crime under the influence of alcohol, the defendant has been subject to criminal punishment several times due to violent crimes. However, the defendant has committed the crime of this case at once without being aware of the period of suspension of execution due to the crime of obstruction of performance of official duties, and there are unfavorable circumstances against the defendant, such as the defendant's age, character and behavior, environment, background and motive of the crime, means and consequence, degree of injury, relationship with the victim, and circumstances after the crime, etc., the punishment imposed by the court below is not recognized as being too heavy or unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is 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.