All appeals by the defendant and the prosecutor are dismissed.

1. The summary of the grounds for appeal appealed from the lower court’s punishment (five million won in penalty) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too uneased and unfair.

2. The fact that the defendant agreed smoothly with the victim, and that the defendant recognized his fault and reflected his fault is favorable to the defendant.

On the other hand, the fact that the defendant has already been punished for the same kind of crime several times is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.