2. The judgment victim suffered a very serious injury, the degree of damage as the head part of the body part of the victim was very significant, the defendant failed to agree with the victim, and the victim was strongly shoting the punishment of the defendant, and the defendant has been punished several times for the same crime, in particular, he/she committed the crime of this case again during the period of repeated crime, and there is an unfavorable circumstance against the defendant, such as the crime of this case.

On the other hand, in full view of the fact that the Defendant recognized the instant crime as a substitute, and that there is no special change in the sentencing conditions and punishment different from the original judgment, such as the Defendant’s age, sexual conduct, environment, motive, means, consequence, etc., as well as the circumstances after the commission of the instant crime, it does not seem that the lower court’s punishment is too heavy or unfeasible and unfair.

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.