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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (four months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. A favorable circumstance is that the defendant recognized his mistake and reflected his mistake, the victim cannot be deemed to have suffered significant damage due to the crime of this case, and the victim does not want punishment against the defendant by agreement with the victim.
On the other hand, the court below seems to have determined a punishment in consideration of such favorable circumstances, and there is no change of circumstances that may be considered newly in sentencing after the decision of the court below, and the crime of this case is committed by the defendant under the influence of alcohol to interfere with the victim's main business by avoiding disturbance and thus the nature of the crime is not good. The defendant has been punished several times for the same violent crimes. In particular, the defendant was sentenced to a suspended sentence of 8 months for a period of 2 months due to interference with the same kind of duties on December 4, 2014, which became final and conclusive on December 12, 2014 and became final and conclusive on December 12, 2014.
In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the Prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.