A person who has waived an appeal can not re-appeal the case pursuant to Article 354 of the Criminal Procedure Act. While examining the record, there are no special circumstances such as the absence or invalidation in the waiver of the appeal. Thus, the defendant's appeal is unlawful as it was filed after the right to appeal due to the waiver of the appeal is extinguished.

2. Judgment on the prosecutor's appeal

A. The sentence of the court below against the defendant in the summary of the grounds for appeal (eight months of imprisonment) is too uncomfortable and unfair.

B. In light of the fact that the Defendant committed the instant crime during the period of suspension of execution due to the instant crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), the Defendant first committed a discriminatory violence against the victim without any particular reason at the former vehicle, etc., the Defendant should be punished strictly, but the degree of injury to the victim is not excessive, but the above suspension of execution would be invalidated if sentence becomes final and conclusive due to the instant crime, and other factors such as the Defendant’s age, character and behavior, environment, background of the instant crime, circumstances before and after the instant crime, etc., it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. The defendant's appeal shall be dismissed in accordance with a decision under Articles 362 (1) and 360 of the Criminal Procedure Act. However, as long as the prosecutor's appeal is dismissed by judgment on the grounds that it is groundless