2. The crime of this case is determined by the following facts: (a) the Defendant inflicted an injury that requires seven weeks’ medical treatment due to the outbreak, drinking, etc. of the victim; and (b) in light of the degree of the assault inflicted by the Defendant on the victim or the degree of the injury inflicted on the victim, the criminal nature of the Defendant is very heavy.

Accordingly, the victim is trying to punish the defendant significantly.

Meanwhile, there are extenuating circumstances for the Defendant to prevent the instant crime, and there is no particular criminal history against the Defendant, and the fact that the Defendant deposited KRW 10 million in the lower court and deposited KRW 5 million in the first instance court to partially recover the damage of the victim should also be considered in sentencing.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, etc., as well as these circumstances revealed in the instant records and pleadings, even if considering the additional deposit made in the trial, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed to be too heavy or unreasonable.

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